Cottle v. Payne

3 Day 289

Opinion

Per Curiam.

The court will not exercise their discretion to tax costs against a prevailing plaintiff', except where he has knowingly brought forward an unfounded claim, or, in other words, where he must have known that he was not entitled to 500 dollars damages. In this case, the plaintiff might naturally and fairly suppose he was entitled to recover more than 500 dollars.

Motion denied.