Legal Opinion

Township of De Smet v. Dow

South Dakota Supreme Court

Decided August 15, 1893PublishedCited by 4 opinions

Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action by the township of De Smet against Fred N. Dow. Plaintiff had judgment for a part only of its claim, and, from an order taxing costs to plaintiff, defendant appeals. The facts are stated in the opinion. The defendant is entitled to recover costs in an action commenced in the circuit court where the amount recovered is less than 850.00, if the action is within the jurisdiction of a justice court.

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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action by the township of De Smet against Fred N. Dow. Plaintiff had judgment for a part only of its claim, and, from an order taxing costs to plaintiff, defendant appeals. The facts are stated in the opinion. The defendant is entitled to recover costs in an action commenced in the circuit court where the amount recovered is less than 850.00, if the action is within the jurisdiction of a justice court. Pyle v. Hand Co., 1 S. D. 385; Laughran v. Orser, 15 How. Pr. 281; Alexander v. Hard, 42 How. Pr. 131; Ashley v.…

1Opinion of the CourtCorson, J.

This is an appeal from an order of the circuit court of Kinsbury county affirming the taxation of costs by the clerk of that court in favor of the plaintiff. The action was brought in the circuit court, and the amount claimed as damages was $125, but on the trial the plaintiff only recovered $40.71. The respective parties claimed costs, and gave notice of the taxation of the same before the clerk. He refused to tax the costs in favor of the defendant, and ruled that the plaintiff was entitled to its costs, “on the ground that the action was originally brought to recover $125, and that a…

2Cases cited3 opinions

  1. Pyle v. Hand CountySouth Dakota Supreme Court · 1890
  2. Alexander v. HardNew York Supreme Court · 1871
  3. Laughran v. OrserThe Superior Court of New York City · 1858

3Cited by4 opinions

  1. Littell v. Webster CountySupreme Court of Iowa · 1911
  2. Laney v. IngallsSouth Dakota Supreme Court · 1894
  3. Grosso v. City of LeadSouth Dakota Supreme Court · 1896
  4. Paulson v. SorensonNorth Dakota Supreme Court · 1916

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