Brady v. Smith

The action is in trespass guare clausum fregit, and the plaintiff had a verdict for §40 damages.

The question presented for decision is, to which party do the costs belong under such circumstances %

The statute applicable to this court provides (Marine Court Appendix, p. 45, § 45 of act*) that costs shall be allowed of course to a plaintiff upon a recovery in the following cases (subd.4): “In an action for the recovery of money, where the plaintiff shall recover §50.”

And section 47 of the same act provides that “ costs shall be allowed of course to defendant, unless the plaintiff be entitled…