Daly v. Kier

Defendant came before the Court upon a motion that the Court allow costs to the defendant, and the Court having heard the argument of both sides denied the motion on the ground that the action as filed was an action of an equitable nature and, therefore, the defendant’s counterclaim in that action, although asserted to be a legal action, was also an action of an equitable nature, and that in such actions the awarding of costs is discretionary with'the Court.

The Court is of the opinion that, due to the entire nature of this case, equity requires that each side pay its own costs and attorneys…