Thayer v. Holland

The complaint was dismissed, and the defendant is the prevailing party as to the cause of action which constituted plaintiff’s claim. The right of defendant to recover costs follows as a matter of course. *188The plaintiff insists, however, that he is entitled to costs against defendant, inasmuch as no recovery was had upon the counter-claim, and that the costs that follow the dismissal of the complaint should be offset against the costs that ought, as he contends, to be awarded to him upon the dismissal of the counter-claim. The counter-claim was withdrawn, not dismissed; but even if there had…