41 A.2d 905 | Conn. | 1945
In an action brought to the City Court of Waterbury, judgment was entered for the plaintiff to recover against the defendant $111.75 and costs, and for the defendant to recover $10.50 and costs on his counterclaim. The clerk of the court taxed costs on the defendant's judgment in the amount of $12.50. The plaintiff appealed to the court from this taxation, the appeal was overruled, and the plaintiff brought this writ of error. The sole issue is whether the court erred in awarding costs to the defendant. No question is raised as to their amount.
The plaintiff's bill of particulars was principally for money loaned to the defendant or advanced for his account. The defendant filed an answer consisting of a general denial and four counterclaims based upon separate transactions. The third was for one day's labor in the amount of $10.50, and it was this counterclaim upon which the defendant prevailed. Costs go *681
to the prevailing party. General Statutes, 2271; Hatch v. Thompson,
The plaintiff relies on 116, 221 and 223 of the Practice Book. We find nothing therein which is contrary to the conclusion we have reached. Section 221 directly supports it. It provides that "Whenever in any action there shall be two or more issues joined on material allegations, and a part of such issues shall be found for the defendant and the remainder for the plaintiff, the defendant shall recover such costs as were incurred by him upon the issues found in his favor, including fees of witnesses and the expense of summoning them. If several distinct claims be made under one count, and the plaintiff shall recover upon some and not upon others, he shall not recover costs incurred in attempting to support the claims which he shall fail to establish." This section was a part of the rules adopted in 1848 (
The plaintiff relies also on Tomasetti v. Kowalski,
There is no error.