Hamlin against Hart

Hamlin against Hart. The plaintiff can in no case have costs in fyS brought^n the supreme court, in an action of aseumpsit, unless he recover more than He cannot have costs, tho’ tho^accountsof exceed $400. him in such caso to costs, in the common pleas' Assumpsit. On a reference, the report was in favor of ' • - the plaintiff $22, the accounts of both parties exceeding t'^OO. And upon-this, the question was whether the plain.tiff should have costs, or whether he should pay costs-to , 'the defendant, A. Sampson, for the plaintiff, F. M. Haight, for the defendant. [MAJORITY — Curia.] Curia. The plaintiff must pay costs to the defendant, It is true, the suit could not he brought in a Justice’s Court, the whole accounts of both sides exceeding $400. But the plaintiff, in order to recover costs, must have have sued in the Common Pleas. Ill assumpsit, the plaintiff can m no case have costs in the Supreme Court in a suit originally brought there, unless he recovers more than $50 damages. Rule accordingly. See 1 R. L. 344, s. 4, 5, and sess. 47, ch. 238, s. 1, 33.