2 Neb. 76 | Neb. | 1873
This was an action commenced in the District Court of Lancaster County, by the defendant in error against the plaintiff in error, as the indorser of a promissory note, to recover a less sum than a hundred dollars. At the November term of said Court, 1870, the plaintiff recovered a judgment against the defendant for the sum of eighty-four and fifty-eight one-hundredths dollars, their damages, and their costs taxed at twenty-two and fifty-five one-hundredths dollars; and it was ordered that execution be awarded therefor: to which ruling and judgment of the Court as to costs the defendant at the time excepted, and now brings the ease to this Court on writ of error to reverse the judgment of the Court below as to costs. The plaintiff in error insists, that as the defendant in error, who was plaintiff in the Court below, recovered less than a hundred dollars, it appears that a justice of the peace had jurisdiction of the action; and the plaintiff below cannot recover-costs. Costs are unknown to the common law. They are given only by statute, which may be changed at the will of the legislature. The recovery of costs
Judgment and order in accordance with this opinion.