Purvis v. Kroner
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The only question in this case is which party is entitled to costs. A brief statement of the issues is therefore necessary.
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Appeal from the circuit court for Multnomah county. The only question in this case is which party is entitled to costs. A brief statement of the issues is therefore necessary. The complaint alleges, in substance, that at the defendant’s request the plaintiff performed work and labor for the defendant, of the reasonable value of §325.50, and that the defendant paid no part thereof except the sum of §242.55; that the plaintiff furnished board for the defendant, which was reasonably worth §54, no part of which had been paid, and prayed judgment for §136.95. The answer denied specifically…
1Opinion of the CourtStrahan, J.
Upon an appeal from the clerk’s taxation of costs, the original judgment awarding costs and disbursements can be neither attacked or reversed. The only questions arising on such appeal are the items or amounts to be taxed and allowed. The judgment in the case has already concluded the question as to which party is entitled to costs, by awarding the same to the party entitled, according to the facts of the case, and the clerk, in the taxation, or settlement of the amount, has nothing whatever to do with the other question. That question was for *416the court, and is settled by the judgment. Such…
2Cases cited3 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Norton v. LarcoCalifornia Supreme Court · 1866
- Burt v. AmbroseOregon Supreme Court · 1883
3Cited by12 opinions
- Connor Livestock Co. v. FisherArizona Supreme Court · 1927
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Empire Building Supply, Inc. v. EKO Investments, Inc.Court of Appeals of Oregon · 1979
- Belmont International, Inc. v. American International Shoe Co.Oregon Supreme Court · 1992
- Lemmons v. HuberOregon Supreme Court · 1904
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