Higman v. Brown

Brown commenced an action of assumpsit in the Circuit Court against Higman for work and labor. The amount of damages claimed in the declaration was 500 dollars. Plea, the general issue. Verdict for the plaintiff for 47 dollars and 50 cents. Judgment in favor of the plaintiff for the amount of the verdict and for costs.

The alleged error is, that the Court gave the plaintiff a judgment for costs. The defendant contends that as the suit was commenced in the Circuit Court, and the verdict is for less than 50'dollai’s, the defendant, not the plaintiff, was entitled to a judgment for costs. To…