Downs v. Lewis

This was an action brought by Furman Lewis, against Jonathan Downs, before a justice of the peace, who gave judgment for the plaintiff for eight dollars and twenty-five cents and costs. The defendant appealed to the Court of Common Pleas, where the cause was arbitrated, and a report returned in favour of the plaintiff for sixty-two and a half cents, and all costs. The error assigned is, in giving of costs, to which, it is contended, the plaintiff was not entitled, the defendant having succeeded in his appeal, so far as to reduce the sum which the plaintiff had recovered before the justice.…