Berkey v. Thompson

Díeemer, J.—

Tbis proceeding grew out of tbe case of Berkey v. Lefebure, 125 Iowa, 76. An opinion was filed in tbat case affirming tbe judgment of tbe court below in favor of plaintiff, Berkey, save as to a modification of tbe amount of recovery to tbe extent of $51. Pursuant to tbe opinion rendered, tbe clerk of tbis court taxed all tbe costs, to tbe plaintiff. Thereupon, and upon June 13, 1904, plaintiff filed a motion to retax all costs in tbis court to tbe defendants and appellants. Tbat motion was sustained. On June 7, 1904, plaintiff gave notice of intention to file a petition for…