Kirby v. Circuit Court

Upon the hearing of this special proceeding this court enterd a judgment affirming the action of the court below and awarding costs and disbursements to defendant. The clerk having taxed costs as directed by the judgment, plaintiff appealed, contending that neither costs nor disbursements should be allowed in certiorari cases commenced in this court. As the judgment gave defendant its costs and disbursements, it is difficult to discover how the clerk could refuse to tax any costs in its favor. Strictly speaking, plaintiff should have moved to modify the judgment, if his contention is tenable;…