Lillis v. O'Conner

This is a motion made by defendant to strike out the costs of the plaintiff as taxed by the clerk of Cortland county and for a retaxation and allowance of only six cents costs to the plaintiff, and for an order setting aside plaintiff’s execution.

This action was originally brought in the county court to recover $1,000 for an assault and battery. The answer averred, and the proof on the trial tended to show, that the defendant was the owner of the locus in quo where the assault occurred. The jury rendered a verdict for the plaintiff for six cents damages, and on application to me I granted the…