Landsberger v. Magnetic Telegraph Co.

The plaintiff recovered in this action $16.09. The defendant claims to be entitled to costs under section 305 of the Code.

By section 304, it is clear that the plaintiff is not entitled to recover costs; and by section 305, the defendant is entitled to costs of course—'Unless the plaintiff is, under the previous section.

I should have no difficulty in applying this rule to the present case, were it not for the decision of the general term in Bait a. Lignot (3 Abbotts' Pr. R., 190), in which case it was held that the defendant was not entitled to costs in a case where the plaintiff recovered…