Felber v. Southern Minnesota Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Faribault county, Dickinson, J., presiding, setting aside the clerk’s taxation of costs, etc. In all actions for the recovery of money only, of which a justice of the peace has jurisdiction, the plaintiff, (suing in the district court,) if he recover less than $50, shall pay the defendant’s costs and disbursements.
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Appeal by defendant from an order of the district court for Faribault county, Dickinson, J., presiding, setting aside the clerk’s taxation of costs, etc. In all actions for the recovery of money only, of which a justice of the peace has jurisdiction, the plaintiff, (suing in the district court,) if he recover less than $50, shall pay the defendant’s costs and disbursements. Gen. St. 1878, c. 67, § 3. A justice has jurisdiction of an action for an injury to personal or real property, if the damages claimed do not exceed $100. Gen. St. 1878, c. 65, § 5. In such actions the jurisdiction of the…
1Opinion of the Court
Clark, J.*
This action was brought in the district court, for damages for injuries to real estate. The amount claimed in the complaint was only $68. The plaintiff had a verdict for five dollars damages. The issue of title to real estate was raised upon the pleadings, but not upon the evidence. The defendant gave notice of taxation of costs and disbursements, and the clerk taxed and allowed them at $72.40, and judgment was entered for the defendant for that amount, less the five dollars damages. The plaintiff objected before the clerk that the defendant was not entitled to costs or…
2Cited by2 opinions
- In re EatonNorth Dakota Supreme Court · 1898
- Herrick v. ButlerSupreme Court of Minnesota · 1883