
    J. A. Grimes vs. John Gowen.
    The fee bill does not allow g 5 36 « for special matter and argument” in a summary process case, as in others.
    Half costs are allowed only upon liquidated demands, and upon 1 open accounts' Where the party has the means of regulating his demand By the sum really due, and chooses to go for more, if he recover less than jg 50, he is allowed but half costs, but when he has not the means of regulating his demand by any standard, and claims damages to an uncertain amount, as for a breach of warranty, if he recover even less than g 50, the act does not reduce his costs.
    
      In this case a summary process had been brought on a breach of warranty, as to the age and soundness of a horse purchased of defendant by plaintiff. The damages were laid at 8 85. The case was submitted to a jury on the motion. .of defendant. A verdict for 815 was found for plaintiff. The clerk allowedfull costs, and $5 36 for special matter and argument, as in other cases tried by a jury.
    
      Davis, for the motion.
    Earle, contra.
   Mr. Justice Huger

delivered tbe opinion of the Court.

I was of opinion when this case was submitted to me in the Circuit Court, that the words of the fee bill were general, and that only half costs.were allowed' in all cases, when the demand amounted to less than 8 50. The words of the act I find are not so general. Half costs are given only upon “liquidated” demands.,..and upon “open accounts.” Where the party has the means of regulating his demand by the sufn really due, and chooses to go for more, if he recover less than 8 50 he is allowed but half cost; but.wlíerí he hás not the means of regulating his demand by , any standard, and, claims damages to an uncertain amount as for a breach of warranty, if he recover even less' than 8t>0, the act does not reduce his costs.

The fee bill does not allow 8 5 36 for “ special matter .and argument” in a process'case as in others. The words of the act are for commencing and prosecuting,and defending a suit by summary process £ 1. which hás always been held to exclude all other fees for proceedings prior to execution.

Justices Notf, Johnson, Richardson, Colcock and Gantt., concurred.  