Dalzell v. Kelly

This matter involves only costs on appeal. It comes here after plaintiff had obtained a reversal by the Fourth Appellate District of the judgment in his action with an award of “costs on appeal.” After he had caused an execution to be levied by the sheriff, that officer entered a full satisfaction of the judgment for such costs. Thereupon, plaintiff moved the trial court to vacate the sheriff’s entry. From the trial court’s order denying such motion, plaintiff appeals.

After the remittitur had been filed on July 9, 1951, plaintiff filed his cost bill on July 30. Pursuant to a motion to retax…