McConkey v. Chapman
Supreme Court of Iowa
Appeal from Pollc Circuit Court. In December, 1880, tbe defendant Eichard McConkey recovered a judgment before a justice of the peace, against the plaintiff herein for the sum of $30, together with his costs taxed at $59. Soon thereafter, Eichard McConkey executed a receipt to the plaintiffs herein, in which he acknowledged full payment and satisfaction of the said judgment and costs.
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Appeal from Pollc Circuit Court. In December, 1880, tbe defendant Eichard McConkey recovered a judgment before a justice of the peace, against the plaintiff herein for the sum of $30, together with his costs taxed at $59. Soon thereafter, Eichard McConkey executed a receipt to the plaintiffs herein, in which he acknowledged full payment and satisfaction of the said judgment and costs. Afterward the defendant, John S. Coskery, purchased from the several officers and persons entitled thereto, their respective claims for costs in said suit, and which were taxed as costs in favor of the…
1Opinion of the CourtRothrook, J.
1. COSTS : fee bill : against successful party. I. The amount in controversy is less than one hundred dollars. The Circuit Court has certified certain questions to this court for determination. The first question is as follows: “ May a fee bill be properly and legally issued against the judgment plaintiff? ”
Section 38fi2 of the Code, is in these words: “No officer or other person mentioned in this title, is entitled to any of the fees mentioned herein in advance, where the same grows out of any criminal prosecution. But in all other cases, except where the fees or compensation is payable by…
2Cited by5 opinions
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