Lennon v. Charig

This, an action at law, was tried before a jury and a verdict rendered for $300; costs were taxed by the plaintiff at the sum of $82.50 and judgment entered *299for $382.50. The defendant appealed to the Appellate Term of the Supreme Court, which tribunal reversed the judgment, “ with costs to the appellant to abide the event.” Thereupon the case was in due time and form tried a second time, and upon the second trial plaintiff obtained a verdict for $25. Plaintiff thereupon gave notice of taxation of the costs of the first trial and the clerk taxed them against the objection of the defendant. The…