City Loan & Savings Co. v. Buckley

I agree that, under the Youngstown Municipal Court Act, fees of jurors are to be paid out of the city treasury in the first instance, and that the treasury is entitled to reimbursement from the party to the suit against whom such costs are properly assessed. My dissent relates to what is meant by jury fees which may be taxed as costs under the statute.

Statutes assessing costs, like statutes assessing taxes, must be strictly construed in favor of the litigant against whom they are assessed. The statute in question provides that jury fees shall be taxed as costs against the unsuccessful party.…