Eppoletto v. Zuhr

Plaintiff brought this action to recover rent for certain premises leased to defendants. The defendant Steffen interposed the plea of infancy and the defendant Zuhr a general denial. A judgment by default was entered against the defendants, and the default of the defendant Steffen was subsequently opened and the ease set down for trial. Upon the day set for trial the plaintiff elected to discontinue the action against Steffen. The court directed that, upon such discontinuance, the defendant Steffen should not be allowed any costs; and a judgment was entered in favor of the defendant against…