Legal Opinion

Marshall v. Reeves

Indiana Supreme Court

Decided October 3, 1974No. 674S112PublishedCited by 30 opinions

1Opinion of the Court

ON MOTION TO TAX COSTS ON APPEAL

Hunter, J.

Before this Court is a motion to tax costs on appeal which was filed subsequent to our opinion on the merits in the same case. Appellee seeks to include transfer and attorney fees as “costs” to be borne by appellant. However, neither a transfer fee nor attorney fees are included as costs under AP. 15 (G):

“(1) Who recovers. When the judgment is affirmed in whole, the appellee shall recover costs; and when the judgment is reversed in whole the appellant shall recover costs in the court on appeal and the court below. In all other cases costs shall be…

2Cases cited2 opinions

  1. Vandalia Railroad v. WalshIndiana Court of Appeals · 1909
  2. Marks v. BremmerIndiana Supreme Court · 1917

3Cited by30 opinions

  1. Orr v. Turco Manufacturing Co.Indiana Supreme Court · 1987
  2. Briggs v. Clinton County Bank & Trust Co. of FrankfortIndiana Court of Appeals · 1983
  3. Clark v. ClarkIndiana Court of Appeals · 1980
  4. Indiana Telephone Corp. v. Indiana Bell Telephone Co.Indiana Court of Appeals · 1976
  5. Litzelswope v. MitchellIndiana Court of Appeals · 1983

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