Stoney v. Bailey

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

The action below was an action of claim and delivery, and plaintiff, respondent, having given the required undertaking, the property was delivered to him. The action was tried and a verdict rendered for a portion of the property assessed at $125 to the defendant, and for a portion to the plaintiff, with $1.0 damages. A new trial was moved for by the plaintiff, which was granted, unless the defendant should remit $65. This amount was remitted. Defendant applied to the clerk to tax costs against the plaintiff. The clerk…