Howder v. Overholser
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. Plaintiff sued the defendant before a justice of the peace for breach of warranty on three farming implements, claiming twenty-five dollars damages on one and eight dollars damages on each of the others. He also claimed fifty cents for dray-age. The answer was a general denial. There was a trial by jury, and a verdict and judgment for plaintiff for twelve dollars.
Read the full summary
Appeal from Woodbury Circuit Court. Plaintiff sued the defendant before a justice of the peace for breach of warranty on three farming implements, claiming twenty-five dollars damages on one and eight dollars damages on each of the others. He also claimed fifty cents for dray-age. The answer was a general denial. There was a trial by jury, and a verdict and judgment for plaintiff for twelve dollars. Defendant appealed to the Circuit Court, and the same issues were there tried by jury, and a general verdict was rendered for the plaintiff for one dollar. The defendant filed a motion to tax the…
1Opinion of the Court
Rotiirock, Ci-i. J.
1. costs: ment of. Section 2933 of the Code provides: “Costs shall be-recovered by the successful, against the losing party. But where the party is successful as to a pare or Ins demand, and rails as to part, unless the case is otherwise provided for, the court may, on rendering judgment, make an equitable apportionment of the costs.”
This was an action upon four separate items of demand. The aggregate amount claimed was forty-one dollars and fifty cents. The recovery in the Circuit Court was one dollar. We have held that where there is a single entire claim, upon which a…
2Cases cited2 opinions
- Upson v. FullerSupreme Court of Iowa · 1876
- Best v. DeanSupreme Court of Iowa · 1859
3Cited by1 opinion
- Potts v. Polk CountySupreme Court of Iowa · 1890