Conrad v. Bauldwin

46 N.W. 850, 44 Minn. 406, 1890 Minn. LEXIS 379

Opinion

Mitchell, J.

Upon the trial, when the plaintiff rested his case, the court, on motion of defendants, dismissed the action, evidently, as appears from the record, upon the ground that the plaintiff hadl failed to establish a cause of action. The judgment entered uporc this order was one of dismissal merely, and not upon the merits» Gen. St. 1878, c. 66, § 262, subd. 3. Hence, under Gen. St. 1878,. c. 67, § 2, the defendants were only entitled to five dollars statutory-costs. The-cause is therefore remanded, with directions to the court-below to modify the judgment appealed from by deducting therefrom-five dollars. It is ordered, however, that the appellant shall not. recover any costs in this court.