Fuller Heating & Maintenance Corp. v. Lempert

Plaintiff in its complaint sought a recovery of $225 and was awarded a verdict in that sum; the defendant interposed a counterclaim in the sum of $3,000 and received a verdict also for $225.

A judgment was entered by the plaintiff for the sum of $130 costs, the clerk having taxed as costs allowed by statute to the plaintiff $150 and as costs allowed by statute to the defendant $20, leaving the aforesaid net sum of $130 costs awarded to the plaintiff.

The defendant moves for a review of the taxation of costs, contending that the clerk erroneously taxed costs in favor of the plaintiff on the…