Hall v. Clayton
Supreme Court of Iowa
Appeal from Butler Circuit Court. The agreed abstract shows the following facts: The plaintiff filed before a justice of the peace of Butler county, as evidence of his claim against defendant, a promissory note executed by her, upon which there was due at the date of the judgment $18.12. Notice was issued and-the return day was fixed on the 20th day of April, 1874. On that day the defendant appeared, admitted the claim upon the note, and offered to file a counter claim, in…
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Appeal from Butler Circuit Court. The agreed abstract shows the following facts: The plaintiff filed before a justice of the peace of Butler county, as evidence of his claim against defendant, a promissory note executed by her, upon which there was due at the date of the judgment $18.12. Notice was issued and-the return day was fixed on the 20th day of April, 1874. On that day the defendant appeared, admitted the claim upon the note, and offered to file a counter claim, in support of which she had threé witnesses present to testify. The plaintiff being absent, the justice refused to file the…
1Opinion of the CourtDay, J.
The action of the court was erroneous. The Code, section 2933, provides that costs shall be recovered by the successful against the losing party. The defendant at all times admitted plaintiff’s cause of action. The only costs for which she is liable, therefore, upon plaintiff’s claim, are for the commencement and docketing of the suit; for serving the original notice, and for entering judgment. The trial was once continued at the instance of defendant, and the cost of this she must pay. These costs amount to two dollars and eighty cents. All the other costs were made upon the tidal of…
2Cited by2 opinions
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- McClatchey v. FinleySupreme Court of Iowa · 1883