Perry v. Kaspar
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. 1 The facts to be considered on this appeal are as follows: In October, 1894, the plaintiff brought suit to .foreclose a mortgage on certain land of which Agnes Simanek was then ■owner, Frank J. Kaspar and wife being the mortgagees. Agnes Simanek was joined as party defendant.
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Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. 1 The facts to be considered on this appeal are as follows: In October, 1894, the plaintiff brought suit to .foreclose a mortgage on certain land of which Agnes Simanek was then ■owner, Frank J. Kaspar and wife being the mortgagees. Agnes Simanek was joined as party defendant. Decree was ¡entered by default, and there was an allowance of $120 as attorney’s fees, the statutory affidavit not being filed with the original papers, but on the day the decree was entered. At the same term Agnes Simanek filed a motion to retax…
1Opinion of the CourtMcClain, J.
2 3 *2714 *270There is no contention but tbat tbe allowance. of tbe attorney’s fee Avas improper. Wilkins v. Troutner, 66 Iowa, 557; Sweney v. Davidson, 68 Iowa, 386. Tbe question is whether tbe defendant is entitled to relief in this proceeding. Appellant contends tbat this is a motion to retax costs, and tbat such motion does not reach tbe error complained of. In this position we think appellant is correct. Tbe statutory provision as to a motion to retax costs, which was in force at tbe time this motion Avas originally'filed, was tbe same as tbat now found in tbe Code, section 3861,'as follows: “Any…
2Cases cited5 opinions
- Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
- Sweney v. DavidsonSupreme Court of Iowa · 1886
- Wilkins v. TroutnerSupreme Court of Iowa · 1885
- Wetmore v. HarperSupreme Court of Iowa · 1886
- Bolton v. OwenSupreme Court of Iowa · 1885
3Cited by24 opinions
- Scott v. ScottSupreme Court of Iowa · 1916
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Concannon v. BlackmanSupreme Court of Iowa · 1942
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Des Moines Union Railway Co. v. District CourtSupreme Court of Iowa · 1915
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