Duncan v. Duncan
Supreme Court of Iowa
Appeal from Lousia Circuit Court. Action for partition of certain land. After. the shares were settled, the parties agreed upon a division of the land, and that the action should be dismissed. Before dismissal, however, the plaintiff filed a motion to tax his attorney’s fees as a part of the costs, which motion was overruled. The plaintiff excepted, and from the order overruling the motion he appeals.
1Opinion of the CourtAdams, J.
Section 3297 of the Code provides as follows: “All the costs of the proceedings in partition shall be paid in the first instance by the plaintiffs, but eventually by all the parties, in proportion to their interests, except those costs which are created by contests as above provided.”
Whether attorney’s fees can be taxed as costs in any partition suit we need not determine. They certainly cannot in a *151suit in which there is a contest within the meaning of the section above quoted. The plaintiff denies that there was such contest.
The plaintiff claimed in his petition that he was the owner of…
2Cited by7 opinions
- Hawk v. DaySupreme Court of Iowa · 1910
- Oliver v. LansingNebraska Supreme Court · 1899
- Smith v. SmithSupreme Court of Iowa · 1906
- Finch v. GarrettSupreme Court of Iowa · 1897
- Johnston v. BootheSupreme Court of Iowa · 1943
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