Jennings v. St. Louis, Iron Mountain & Southern Railway Co.

This controversy a motion to retax costs. The plaintiff sued the defendant for damages. On the first trial he recovered a judgment, which the supreme court, on the defendant’s appeal, reversed. On the second-trial he obtained a second judgment, which the supreme court affirmed. After the final determination of the case, the clerk of the circuit court taxed against the defendant the costs of the first trial accruing prior to the entry of the judgment. The contention of the defendant is that all of the costs of the first trial should have been taxed against the plaintiff. The circuit court…