Page:Federal Reporter, 1st Series, Volume 5.djvu/39

EBBAOZB V. iVDT>. 27 �Ejieagee V. JuDD and others.* (Gireuit Court, 8. D. Ohio, E. D. December 13, 1880.) �1. ÇosTs— Whbn Recoverablb— Catibe Removed moM Btatb to Ceb- �cuiT CouBT— Sbction 968, TJ. B. Rbt. St.— In an action at law orig- inally brought in a state court, and removed to the circuit cotirt by the defendant, the amount ultimately recovered by the plaintiS was, exclusive of costs, less than (SOO, ($312.46.) Such a recovery would have entitled him to costs in the state court. HM, that the case is not within section 968, U. 8. Bev. 8t., and that the plaintifE is enti- tled to Costa; although, if the action had been commenced originally in the circuit court, no costs could have been recovered. �FiOd V. Schell, 4 BlatcM. 435. �Mlu V. Jarvia, 3 Mason, 457. �2. Bamb— Efi-ect of (jOuntbb Claim. — As to the ellect upon the ques- �tion of costs of the reduction of the recovery to below $500, by the allowance of a counter claim in an action originally brought in the circuit court, quœre. �Motion to apportion costs. �A. W. Train and F. Southward, for plaintiff. �Bargar e Vorheis, for defendant. �Swing, D. J. In this case a verdict was rendered hy the jury for the plaintiff for $312.46. Gounsel for the defendant now file a motion asking that each party be required to pay bis own costs. Section 968 of the Eevised Statutes pro- vides : �"When, in a circuit court, a plaintiff in an action at la-w originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of $500, exclusive of costs, in a case which cannot be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value; * • he shall not be allowed, but, at the discretion of the court, may be adjudged to pay, costs." �If this case had been originally brought in this court, there •would be no doubt that the plaintiff would not be entitled to costs in the case. But the suit was not originally brought in this court; it was brought in the state court, and removed �*Heporled by Messrs. Florien Glauque and J. 0. Ilarper, of the Cincin- nati bar. ����