Parsons Band Cutter v. Sciscoe
Supreme Court of Iowa
Appeal from Des Moines District .Court.— Hon. James 3D. Smyth, Judge. This is an appeal from an order retaxing costs, in an action wherein plaintiff recovered judgment from defendants in the district court of Des Moines county. The clerk taxed mileage and fees for certain witnesses subpoenaed by plaintiff in an action brought by it against the defendants wherein it recovered judgment as before stated.
Read the full summary
Appeal from Des Moines District .Court.— Hon. James 3D. Smyth, Judge. This is an appeal from an order retaxing costs, in an action wherein plaintiff recovered judgment from defendants in the district court of Des Moines county. The clerk taxed mileage and fees for certain witnesses subpoenaed by plaintiff in an action brought by it against the defendants wherein it recovered judgment as before stated. Defendants filed a motion to retax, upon the ground that plaintiff and its attorneys were illegally attempting to increase the costs against the defendants. The motion was sustained, and…
1Opinion of the CourtDeemer, J.
Plaintiff’s action was to recover judgment for the value of a machine sold by defendants as its agent, and for certain repairs furnished. Defendants pleaded a modification and waiver of the contract under which they obtained possession of the machine, by certain agents of plaintiff whose names they did not know; and the presence of a man and woman, who relieved defendants from liability for the machine. They also pleaded a counterclaim for commissions earned in the sale of the machine, and for time lost attempting '• to adjust it.’ 'An attorney for plaintiff secured subpoenas from the clerk…
2Cases cited7 opinions
- Briggs v. M. Rumely Co.Supreme Court of Iowa · 1895
- Casley v. MitchellSupreme Court of Iowa · 1903
- Hanners v. McClellandSupreme Court of Iowa · 1888
- Fisher v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1898
- State v. WestonSupreme Court of Iowa · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Feenaughty MacHinery Co. v. TurnerIdaho Supreme Court · 1927
- University Plumbing & Heating Co. v. Naches Hotel Co.Washington Supreme Court · 1934
- McKewen v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909