Marsullo v. Billotto

The plaintiff recovered a verdict of six cents damages in an action for malicious prosecution, and became entitled to six cents costs (Code of Pro., sec. 304, subd. 4; Laws of 1875, chap. 479, sec. 45, subd. 4), which sum includes (within it) the only disbursements the plaintiff is entitled to receive (Peet agt. Worth, 1 Bosw., 653; Belding agt. Conkling, 4 How., 196; Wheeler agt. Westgate, id., 269; 1 Code Rep. [N. S.], 233; Stone agt. Duffy, 3 Sandf., 761; 4 How., 52; 12 Hun, 383). In Lurtgies agt. Kelly (Daily Register, January 28, 1874) this court at special term correctly held “ that…