Weber Chimney Co. v. Riley
North Dakota Supreme Court
Appeal from the District Court of Cass County, Cole, J. Plaintiff appeals. Our statutes distinguish between the terms “costs” and “disbursements.” The former does not include the latter. Comp.
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Appeal from the District Court of Cass County, Cole, J. Plaintiff appeals. Our statutes distinguish between the terms “costs” and “disbursements.” The former does not include the latter. Comp. Laws 1913, §§ 7790, 7793, 7794. A verdict for a specified amount, with interest thereon from a certain date at a certain rate, is a good verdict and is sufficiently definite: and where the sum allowed, with interest so computed and added amounts to $50 or more, the party is entitled to recover costs. Gaff v. Hutchinson, 38 Ind. 341; Page v. Cady, 1 Cow. 115; Burton v. Anderson, 1 Tex. 93; Evans v.…
1Opinion of the CourtChristianson, J.
Plaintiff brought this action in the district court of Cass county to recover the balance due upon an account. The jury returned a verdict in favor of the plaintiff for $43.33, with interest thereon at 6 per cent per annum from September 23, 1914. The interest amounted to $8.20. The total amount of the verdict, principal and interest, therefore, was $51.53.
The sole question presented for our determination on this appeal is whether plaintiff is entitled to recover costs. The trial court held that a plaintiff in an action for the recovery of money must recover at least $50, exclusive of…
2Cases cited5 opinions
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Loring v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1898
- Butler Bros. v. SchmidtNorth Dakota Supreme Court · 1915
- Douglass v. NicholsMassachusetts Supreme Judicial Court · 1882
- Paulson v. SorensonNorth Dakota Supreme Court · 1916