Spring v. Day

This action was first tried at the May term, 1868. The jury disagreed. A second trial was had at a trial term in January, 1873, which resulted in a verdict for defendant Day, each trial occupied more than two days.

Defendant claims as costs a trial fee ot thirty dollars for each of the terms, also fifteen dollars for proceedings after notice of, and before each trial.

A trial fee of. thirty dollars is allowed for " every trial ” of an issue of fact (Code § 307, Sub. 4).

This clearly warrants a trial fee, although the jury should disagree, and also a second fee on a subsequent trial (Hamilton…