MacDonald v. Joslyn

This action was brought to recover damages for the malicious prosecution of a will contest. Upon the ground that the defendant had wilfully refused to obey the orders of the. court directing his appearance for the purpose of taking his deposition, defendant’s answer was stricken and his default was entered. Following a default hearing, the court awarded plaintiff $123,052.91 as compensatory damages and $50,000 as exemplary damages. Costs were claimed and allowed in the sum of $346.20. Defendant has appealed from the judgment and the order denying his motion to strike the cost bill. Since his…