¶1was of opinion that in such cases costs are within the discretion of the court, and as there was no evidence of a. tender of any part of the money.- or any offer to pay as much as the appellee finally recovered; it is the opinion of the court that the judgment of the justice ought to be affirmed as to the sum awarded by the jury, with costs, and reversed as to the residue.
16 F. Cas. 1281
Mead v. Scott
U.S. District Court
Decided June 15, 1807
U.S. District Court · decided 1807-06-15
Upon an appeal from the judgment of a justice of the peace, the jury found a verdict for the appellee, for $10.09. The judgment of the justice was for $17.50. contended for costs. Appeals from justices of the peace are given by the Maryland act of 1791 (chapter 6S). The condition of the appeal-bond only provides for costs in case the judgment shall be affirmed. The appellee cannot sue upon the bond, for the condition has not been broken.
Decided 1807-06-15