Kelley v. Oehmig

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Plonor, Judge Bonham, reversing a taxation of costs by the Clerk of Court. The order decides in favor of the. plaintiff upon both contested matters, and the defendants have appealed.

The appeal is certainly one of novel impression, and it will be necessary to detail the circumstances of the litigation be tween the parties in order to understand clearly the issues now presented.

The plaintiff and the defendants own separate parcels of what has been known as farm No. 9 in the plan of the Town of…