Wilson v. Wiggin

Lynoi-i, Judge:

Upon the withdrawal of the motion for an issue out of chancery, after the remand on the former appeal (73 W. Va. 560), the cause was submitted for decision on the record and briefs theretofore filed and any additional argument in writing desired by counsel, with the further provision that on any finding for plaintiff defendánt should have credit for all costs awarded in the cause in his favor, the amount thereof to be taxed by the clerk. The court did find for plaintiff the amount ascertained by the jury upon the trial of the issue, but refused to credit thereon $112.50 paid by…