Brabon v. Pierce

Coolet, Oh. J:

The action in the court below was debt upon a replevin bond given on the institution of a suit before a justice of the peace. The defendant succeeded in that suit and obtained a return of the property. The plaintiff appealed, paying to the justice the costs of the suit before him. In the circuit court the defendant again succeeded, obtaining a judgment for costs. It is to recover these costs that the present suit is brought.

The defendants in this suit in the court below insisted that when the property had been returned and the costs in the suit before the justice had been paid,…