Miller v. Noyes

Horton, C. J.:

I dissent from the judgment taxing costs against the defendant in error. I think the trial court virtually decided the case upon the merits, as this court has, but technically erred in affirming the judgment of the justice of the peace, instead of dismissing the proceeding in ei’ror. And therefore I think the error was immaterial, and one not prejudicial to the rights of plaintiff in error.