Pyle v. Hand County

Citations

• 1 S.D. 385
• 47 N.W. 401
• 1890 S.D. LEXIS 45

Syllabus

<p>1. Actions for the recovery of money, within the meaning of subdivision 4 of section 5191, Comp. Laws, are actions in which the plaintiff recovers-costs as a matter of course, if he recover §50 or more, and in which he must pay them if he recover less, unless the case comes within subdivision 3 of that section. If it does, then he is entitled to costs, without regard to the amount recovered.</p> <p>2. The test is, had the court of a justice-of the peace jurisdiction of the súbject-iriatter at the time of the institution of the suit? If it had, a recovery for less than f50 by the plaintiff subjects him to the penalty of paying costs.</p> <p>(Syllabus by the Court.</p>