Arthur v. Funk
Supreme Court of Iowa
Appeal from Johnson District Court. Plaintiff brought her action before a justice of the peace, claiming $85 as balance due on a lease, and for damages for storing grain in the house. Defendant appeared and claimed $90 damages for removing fences, whereby crop was injured, and $10 for taking down stable and shed, all of which plaintiff denied. Plaintiff recovered $63.55, and defendant appealed to the District Court.
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Appeal from Johnson District Court. Plaintiff brought her action before a justice of the peace, claiming $85 as balance due on a lease, and for damages for storing grain in the house. Defendant appeared and claimed $90 damages for removing fences, whereby crop was injured, and $10 for taking down stable and shed, all of which plaintiff denied. Plaintiff recovered $63.55, and defendant appealed to the District Court. In that court the jury found due plaintiff for rent, with interest, $65.75, and $12 in favor of defendant on his claim, leaving a balance of $53.75, for which plaintiff had…
1Opinion of the CourtWright, J.
1 costs-upon set-off. The statute provides that when there are several causes of action embraced in the same petition, or several issues, the plaintiff shall recover costs on jssiies determined in his favor, and the defendant shall recover costs upon the issues determined in his favor (§ 3451); and it is under this section that appellant claims that the court erred in not awarding the costs incurred in support of his cross claim against plaintiff.
We agree with appellee that this, section has reference primarily to a case where the petition embraces several causes of action, or where there are…
2Cited by4 opinions
- Hatch v. JuddSupreme Court of Iowa · 1870
- Bush v. YeomanSupreme Court of Iowa · 1870
- Koestenbader v. PeirceSupreme Court of Iowa · 1875
- Brinck v. NeiwegSupreme Court of Iowa · 1870