Von Schoning v. Mitchell

I think the judgment is irregular in that it gives costs to the defendants. The plaintiff is the prevailing party; the jury found a verdict for the return of the property to him, assessing its value at $40. This entitled the plaintiff to recover at least nominal damages; and section 304 (Code) gives to him the like amount of costs ; the plaintiff being entitled to costs of any amount, the defendant cannot recover costs.

The motion should be granted, with $7 costs.