Edmonds v. Paskins

This was an action of assumpsit commenced in the Circuit Court. The first count is special, and demands *197ten dollars. The other counts are the common counts, each demanding more than one hundred dollars. Plea, non as-. sumpsit. The cause was submitted to the Court. Judgment for the plaintiff for ten dollars in damages, and for the defendant for the costs.

It is contended that the plaintiff should have recovered costs.

The action was commenced when the statute of 1838 was in force, and tried under that of 1843; but this is immaterial, as both statutes are substantially the same on the subject 'of…