Schrader v. Neville

Delos W. Schrader and his wife sued to recover damages assertedly sustained as the result of the collision of two automobiles. The defendants, John Neville and his wife, filed a cross-complaint for damages claimed by them because of the same accident, and upon a trial neither party recovered against the other. The Nevilles then moved “to tax, disallow and annul the memorandum of costs filed by” the Schraders and the appeal is from an order allowing such costs.

The position of the appellants is that, as the prevailing parties in the action, they are entitled to recover the costs of the…