Conrad v. Bauldwin
44 Minn. 406
Minn.
1890
Check Treatment
Mitchell, J.

Upon the trial, when the plaintiff rested his case, the court, on motion of defendants, dismissed the action, evidently, *407as 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.