Castle v. House

—The appellant sued the appellee before a justice for trespass quare clausum fregit, and was beaten. He appealed to the circuit court, where he recovered judgment for two dollars damages. The court, referring to section 398, 2 G. & H. 227, allowed him to recover no more costs than damages. That section provides, that, “in all actions for damages solely, not arising out of contract, if the plaintiff do not recover five dollars damages, he shall recover no more costs than damages, except in actions for injury to *334character and false imprisonment, and where the title to real estate comes in…