Post v. Levitan

The plaintiffs sued in this court for $100 damages and gained a jury verdict for $99.66. *335The clerk of this court refused to tax costs in behalf of the plaintiffs, on the ground that the action was one which could have been brought in the Municipal Court and that accordingly the plaintiffs are entitled to no costs, by virtue of the provisions of subdivision 5 of section 3228 of the Code of Civil Procedure. The parties came before me upon the plaintiffs’ application that the clerk be directed to tax the plaintiffs’ costs. I am of the opinion that no such direction should be given.

The…