German Alliance Insurance v. Hawes

It clearly appears from the record that the actual accrued costs of the former suit, at the time of the commencement of the second suit, were in excess of $5, and that the attorney for the plaintiff in the court below knew of this fact when he paid, for the plaintiff, $5 for the said costs. Although the clerk of the court recited in his receipt that he received the $5 in full of all costs due and accrued in the case, his testimony conclusively showed that the costs amounted to more than this sum, and that he so knew when he accepted the money. The clerk testified that he did not require any…