Shaw v. Kendig
Supreme Court of Iowa
Appeal from Madison Circuit Court. The plaintiff commenced this action before a justice of the peace to recover his costs as a justice of the peace in five several suits brought by the defendant against various parties, in four of which suits judgment was rendered by default. The plaintiff claimed on account of all these suits, $12.50. The defendant admitted his liability to the extent of $8.50, but controverted the charge of one dollar in each of the default cases.
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Appeal from Madison Circuit Court. The plaintiff commenced this action before a justice of the peace to recover his costs as a justice of the peace in five several suits brought by the defendant against various parties, in four of which suits judgment was rendered by default. The plaintiff claimed on account of all these suits, $12.50. The defendant admitted his liability to the extent of $8.50, but controverted the charge of one dollar in each of the default cases. There was a jury trial, resulting in a verdict for the plaintiff for $12 50. The case was appealed to the Circuit Court and…
1Opinion of the CourtDay, J.
l. justice of tlic peace: fees. The tidal judge has certified the question upon which it is desirable to have the opinion of this court, as follows: “ W. M. Shaw, a justice of the peace in and for Madison county, Iowa, plaintiff m the above entitled case, has charged A. J. Kendig $1.00 for trial of sev*391eral cases brought before said Shaw by said Kendig as plaintiff’, which were merely default cases.
Query. “Is a justice entitled to a trial fee in default cases under Secs. 3511, 3512 and 3801 of the statute? Also in same case referred to plaintiff Shaw has charged defendant Kendig a fee for…
2Cases cited1 opinion
- Davis v. Payne & ShadduckSupreme Court of Iowa · 1876
3Cited by2 opinions
- Mathews v. Clayton CountySupreme Court of Iowa · 1890
- Reigler v. QuinnSupreme Court of Arkansas · 1890