Ozias v. Haley
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hon. N. M. Bradley, Judge. (1) Plaintiff having obtained judgment in a substantial sum, against the defendant, was entitled to recover of and from the defendant, all costs necessarily incurred in the establishment of said cause of action.
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Appeal from Johnson Circuit Court. — Hon. N. M. Bradley, Judge. (1) Plaintiff having obtained judgment in a substantial sum, against the defendant, was entitled to recover of and from the defendant, all costs necessarily incurred in the establishment of said cause of action. R. S. 1899, sec. 1547; Boothe v. Cowan, 5 Sneed (Tenn.) 354; Brattebo v. Tjernagel, 59 N. W. 278. (2) The taxing of the costs in this case was within the discretion of the court and under all the facts and circumstances that discretion should have been exercised in favor of tbe plaintiff, and said costs taxed against tbe…
1Opinion of the CourtJohnson, J.
Plaintiff appealed from an order overruling bis motion to retax costs. Tbe action was *639for fraud in tbe sale and exchange of a telephone plant owned by defendant for real estate owned by plaintiff. Damages in the sum of $7500 were claimed. Defendant answered and then pleaded a counterclaim consisting of several .items, among them, one for damages in the sum of $2000. A trial to a jury resulted in the verdict: “We the jury find the issues for the plaintiff and assess his damages in the sum of $1250, and we find in favor of the defendant on the first item of his counterclaim in the sum of…
2Cases cited3 opinions
- Vineyard v. LynchSupreme Court of Missouri · 1885
- Lamm v. RaileyMissouri Court of Appeals · 1908
- Ferguson & McDaris Lumber Co. v. Tiede & Co.Missouri Court of Appeals · 1908
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- Birdsong v. BydalekMissouri Court of Appeals · 1997
- ERC Mortgage Group, Inc. v. LuperCourt of Appeals of Arkansas · 1990
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