Tappan v. Bacon

delivering the opinion of the court:

In the above stated case, which was an action of assumpsit on a promissory note for $32, dated June 28, 1906, a verdict was rendered in favor of the plaintiff for $38.64, that being the amount of the note with interest.

No defense whatever was made to the action, but after the verdict was rendered objection was made by counsel for the defendant to the recovery of costs by the plaintiff, on the ground that the suit was upon a cause of action cognizable before a justice of the peace under the statute, and the amount recovered was not more than $50, besides…