Loloff v. Heath

F. W. C. Loloff filed a complaint before a justice of the peace charging Asa Sterling with the offense of assault and battery. Sterling was discharged by the justice. The docket of the justice contains the following judgment order: “It appearing, from the evidence-adduced, that the defendant was not guilty of the charge, and it also further appearing, from the evidence adduced, that the complaint was malicious, the costs in said cause amounting to $26.65, is taxed against the said complaining witness, Frederick W. C. Loloff.”

No appeal having been provided from judgments for costs against…