Fowler v. Stuart

The action was brought to recover damages for malicious prosecution. The case came on for trial at the January, 1921, Fulton Trial Term, and was dismissed on the opening on the ground that the complaint did not state facts sufficient to constitute a cause of action. On appeal the Appellate Division reversed and granted a new trial, “ with costs to the appellant to abide the event.” On the trial following, plaintiff obtained a verdict for six cents and thereupon sought to tax full costs for each trial and for the appeal, in the sum of $294.31, but the clerk taxed them at six cents. Now he is…