Legal Opinion

Stewart v. Corbus

Oregon Supreme Court

Decided April 13, 1887PublishedCited by 2 opinions

Appeal from Benton County. Facts are stated in the opinion. The general rule of the law is that the party in the wrong must pay the costs. (5 Wend. 507.) Costs are a mere incident to the judgment, and it is not necessary or proper to stipulate in regard to costs.

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Appeal from Benton County. Facts are stated in the opinion. The general rule of the law is that the party in the wrong must pay the costs. (5 Wend. 507.) Costs are a mere incident to the judgment, and it is not necessary or proper to stipulate in regard to costs. (McDonald v. Evans, 3 Or. 475; Wing v. N. F. & Erie E. E. Co. 1 Hilt. 235; Eoberts v. Garland, 1 Or. 332.) 1. The stipulation fixed the amount of the judgment, and the court has no power to vary the terms of their judgment. There. is no “prevailing party” in a case where a judgment is had by stipulation. 2. The proceeding was a joint…

1Opinion of the CourtLord, C. J.

The only question in this case arises on a stipulation of the parties. The stipulation was as follows:—

“ It is hereby agreed and stipulated that the plaintiff may take judgment against the defendant Laura Corbus, for the sum of one hundred dollars, and the clerk is hereby authorized to enter judgment for said amount, and that execution not to issue until the first day of October, 1886.

(Signed,) “J. K. Weatherford,

“Attorney for Plaintiff.
“ J. R. BrysoN,
“ Attorney for Defendant Laura Corbus.”

Thereafter the plaintiff filed a motion for judgment for costs and disbursements of the action against…

2Cases cited1 opinion

  1. Semler v. Commissioners of EmigrationNew York Court of Common Pleas · 1856

3Cited by2 opinions

  1. Burdick v. Tum-A-Lum Lumber Co.Oregon Supreme Court · 1920
  2. Taylor Inv. Co. v. DeatsmanOregon Supreme Court · 1913

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