Johns v. Lewis Drug Co.

On the trial before the justice of the peace the plaintiff recovered, and the defendant paid the costs and appealed. On the trial before the jury the verdict was adverse to the plaintiff. He applied for a writ of certiorari, and exhibited the justice’s certificate that he had received “payment in full of all costs accrued on the trial of the case of Robert Johns vs. Lewis Drug Co.” The court dismissed the certiorari, because, from an agreed statement of facts between the parties, it appeared that Johns had only paid the costs accruing on the appeal before the jury, but had not paid the costs…