Best v. Dean
Supreme Court of Iowa
Appeal from the Lee District Court. In an action commenced before a justice of the peace, upon an account for work and labor done, plaintiff recovered judgment in the sum of thirty-nine dollars and fifty cents, and from this judgment defendant appealed to the district court. In that court, plaintiff recovered judgment for twenty-one dollars and fifty cents, and the costs before the justice, and he was required to pay the costs made subsequent to the appeal. Plaintiff appeals.
1Opinion of the CourtWright, C. J.
The only question in this case is, whether the plaintiff, having recovered a less amount in the district court than before the justice, was entitled to recover, also, the costs made subsequent to the appeal. Of this, there is no fair room for doubt.
Section 2345 of the Code, has reference to a case where, the party recovering the judgment before the justice, appeals ; and if not more successful on appeal, than in the justice’s court, he must pay the costs of the appeal. If the party against whom the judgment is rendered by the justice, appeals, and he desires to avoid the costs of the appeal,…
2Cases cited1 opinion
- Powell v. Western Stage Co.Supreme Court of Iowa · 1855
3Cited by1 opinion
- Howder v. OverholserSupreme Court of Iowa · 1878