French v. Engle

Decided December 28, 1889

Michigan Supreme Court · decided 1889-12-28

<p>Costs — Judgment reduced by set-off below $100. .</p> <p>In this case it is held that the plaintiff established a claim, exceeding $100, which was reduced by set-off, and that he is entitled to costs.</p>

Affirmed · Decided 1889-12-28

Champlin, J.

¶1The question in this case is one of costs.

¶2The action was assumpsit, and the plaintiff filed a bill of particulars amounting to over §300. The defendant pleaded the general issue, and gave notice of set-off, and filed a bill of particulars for §365, and notice of recoupment, under which he claimed §110. The jury returned a verdict in favor of plaintiff for §60, and the court rendered judgment for that amount, with costs.

¶3The only question is whether it appears that the plaintiff's claim, as established at the trial, exceeded §100, and that the same was reduced by set-off.

¶4We think it did, and that it was reduced by set-off; and the judgment is affirmed.

Sherwood, C. J., Morse and Campbell, JJ., concurred. Long, J., did not sit.