Gurney v. Mayor

Manning J.:

The only question in this case is one of costs.

The plaintiff in error, having sued the defendants, a municipal corporation, in the Circuit Court for St. Clair county, and recovered a verdict for $93.20 damages, the Court gave judgment for costs in favor of defendants, to be deducted from the plaintiff’s judgment for damages.

Section 5597 of the Compiled Laws provides that, In the following cases, if the plaintiff recover judgment by ■default, upon confession, verdict, demurrer or otherwise, in any action or proceeding at law, he shall recover his costs. The remaining • part of the…