Henigan

This action was commenced in the court of a justice of the peace to recover the sum of $222.20 for cordwood alleged to have been sold and delivered by plaintiff to defendant. The judgment of the justice of the peace was in favor of the plaintiff for the sum of $169.95 and for costs amounting to $180.70. The defendant appealed from the judgment to the superior court “ on question of both law and fact.”

A jury trial de novo was had in the superior court, which resulted in a verdict in favor of plaintiff for the sum of $22.20. Within the time limited by law, and before judgment was entered on the verdict, the plaintiff filed an itemized cost bill amounting to $358.70, including the costs taxed in the justice’s court. On the day of the filing of this cost bill the defendant gave notice that on a stated future day he would move the court “ to strike out the costs claimed to have accrued in the justice’s court, on the ground that plaintiff is not *39 entitled to recover Ms alleged costs in said justice’s court, for the reasons that no verified memorandum ” of such costs “ was served on defendant or filed in said justice’s court; and also to strike out the items of costs alleged to have…