Shannon v. Brower

Emott, J.'

The plaintiff in this action was non-suited at the Circuit, when the cause was called on for trial, and the complaint dismissed, on motion of the defendant, before any testimony had been taken, because it did not state facts sufficient to constitute a cause of action. _ The defendant perfected a judgment for costs, and the plaintiff now asks a re-adjustment of the defendant’s costs. Several grounds of objection were specified on the argument.

I. Objection was made to the allowance of a trial fee, and cases were cited where only a motion fee was allowed on dismissing a complaint.…