¶1THE judgment in this case must be affirmed. The rule laid down in Dayton v. Hall in 8 Blackf. 556, is, that if the plaintiff makes out on the trial, in proof, a _prima facie claim to over fifty dollars, he will be entitled to costs, although the effect of the defendant’s evidence may be to reduce his right of recovery, finally, below that sum. As the evidence in this case is not upon the record, and it appears that both parties gave evidence to the jury, we cannot say the Court below erred in taxing costs,
1 Ind. 81
Ham v. Gregg
Decided July 1, 1848
Indiana Supreme Court · decided 1848-07-01
Relies on Dayton v. Hall
Good law ✅— No negative treatment on recordhow we know
Decided 1848-07-01
How this case has been cited
Cited by 4 later decisions — most recently October 1901
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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