Kyle v. King

Clark, Judge.

"Things are seldom what they seem,

Skim milk masquerades as cream.”

This rhyme from H. M. S. Pinafore is appropriate to the instant case where a victorious plaintiff has taken an appeal after favorable final judgment, claiming error as to two adverse interlocutory rulings wherein attorney fees were denied.

Plaintiff, a former tenant of defendant landlord, sued to recover a $50 rent deposit. Additionally, plaintiff prayed for $250 attorney fees on the basis that defendant had been stubbornly litigious. The jury awarded plaintiff the full amounts sought. After judgment was entered on…