Wrobel v. Call

Plaintiff obtained summary judgment against defendants pursuant to rule 113 of the Rules of Civil Practice. Plaintiff taxed as part of his costs a trial fee of thirty dollars. The inquiry here is whether a judgment rendered on such an application involves a trial so as to entitle plaintiff to tax a trial fee. So far as my examination discloses, that question has not heretofore been determined.

The object of rule 113 is to preclude the interposition of frivolous defenses and to defeat any attempt to use a formal pleading as a means of delaying the recovery of honest demands. It is not the…