Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced?
Saskatchewan, Canada
The following excerpt is from Karst v. Berlinski, 1930 CanLII 182 (SK CA):
In Wright v. Hale (1860) 6 H. & N. 227, 30 L.J. Ex. 40, the Common Law Procedure Act, 1854, ch. 125, which enacted that where the plaintiff in any action for an alleged wrong in any of the superior Courts recovers by the verdict of a jury less than five pounds he shall not be entitled to any costs in case the Judge certifies that the action was not really brought to try a right, etc., was held to apply to an action tried after, although commenced before, that Act came into operation.
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