Hannan v. Shotwell

This was a suit founded on a contract, and the balance claimed to be due was $420. The plaintiff had a verdict for $5.00, and the defendants thereupon moved the court to tax the costs against the plaintiff, on the ground that the amount of the recovery was below the jurisdiction of the. court. This motion was overruled.

Ordinarily under the provisions of the statute, if the plaintiff in an action on contract recovers an amount, which, exclusive of interest, and aside from reduction by set-off, is below the jurisdiction of the court, the costs are to be adjudged against him. This is not the…