Lady v. Palen

McCOMB, J., pro tem.

Plaintiff appeals from an order striking out his cost bill after he obtained judgment in a libel action for the sum of $1 nominal damages and $200 punitive and exemplary damages.

This is the question presented for determination:

Is the plaintiff in a libel action, who recovers a judgment for less than $2,000, entitled to have taxed as items of cost:(1) The sum of $100 to cover counsel fees under section 7 of Act 4317 of the state legislature, volume II, Deering's General Laws, 1931, page 2161, and(2) Other expenses incurred.

The first item is not properly taxable according to…