Bankers' Iowa State Bank v. Jordan
Supreme Court of Iowa
Appeal from Jasper District Gourt. — Hon. A. R. Dewey, Judge. Plaintiffs brought action against defendants Jordan, R. A. Scott, assignee, and others, upon five promissory notes, each of which was declared upon in a separate count of the petition. Afterwards- Davey and others, intervened, alleging they were the owners of the notes sued upon, subject to the claim of plaintiffs, who-, it is averred, held such paper as collateral security only.
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Appeal from Jasper District Gourt. — Hon. A. R. Dewey, Judge. Plaintiffs brought action against defendants Jordan, R. A. Scott, assignee, and others, upon five promissory notes, each of which was declared upon in a separate count of the petition. Afterwards- Davey and others, intervened, alleging they were the owners of the notes sued upon, subject to the claim of plaintiffs, who-, it is averred, held such paper as collateral security only. Subsequently judgment was rendered in plaintiff’s favor for the amount due on the notes, with an attorney’s fee of one hundred and eighty-three dollars…
1Opinion of the CourtWaterman, J.
1 The motion to retax costs was made at the term following that at which the judgment was rendered, but notice of it was not given plaintiffs until July, 1898. Appellees insist that the motion was too late; that the costs which the court is authorized to retax on motion are only those which are provided for in section 3862, Code, and which are to be assessed in the first instance by the clerk. If it be true that only the costs referred to in this section can be, retaxed on (motion, it does not follow that appellees are right in the position taken, for the section after mentioning certain…
2Cases cited5 opinions
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
- Ragan v. DaySupreme Court of Iowa · 1877
- Wilkins v. TroutnerSupreme Court of Iowa · 1885
- Cook v. GilchristSupreme Court of Iowa · 1891
- Merritt v. NihartSupreme Court of Iowa · 1860
3Cited by11 opinions
- Rogers v. CrandallSupreme Court of Iowa · 1909
- Young v. RutherfordSupreme Court of Iowa · 1920
- Wenstrand v. KiddooSupreme Court of Iowa · 1936
- Everist v. CarterSupreme Court of Iowa · 1926
- Roberts v. MeekMissouri Court of Appeals · 1927
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