Kuberski v. Panfil

This appeal is in the nature of mandamus to compel vacation of an order giving defendant taxable costs ag’ainst plaintiff incident to transferring plaintiff’s case from the law side of the court to the chancery side, such transfer having been ordered on plaintiff’s motion. Plaintiff’s suit in as sumpsit was started on the theory that she could recover on an instrument supposed to be a promissory note; but after testimony had been taken the court decided that plaintiff’s remedy was not an action on the note, but for an accounting arising out of a partnership relation. It was at this stage of…