Brinck v. Neiweg
Supreme Court of Iowa
Appealed from Lee District Qourt. Wednesday, August 31. This action was commenced before a justice, the plaintiff claiming $6.20 upon an account. The answer was in denial, .and also claimed a set-off for $7.00, balance due on hogs sold. Before the justice plaintiff had judgment for the whole amount claimed.
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Appealed from Lee District Qourt. Wednesday, August 31. This action was commenced before a justice, the plaintiff claiming $6.20 upon an account. The answer was in denial, .and also claimed a set-off for $7.00, balance due on hogs sold. Before the justice plaintiff had judgment for the whole amount claimed. Defendant appealed, and in the circuit court he had verdict and judgment for five cents, and was required to pay half the costs, plus one dollar, to reverse which latter order- he prosecutes this appeal.
1Opinion of the CourtWright', J.
Aside from the affidavits of certain jurors, to the effect that they regarded defendant’s set-off strongly equitable, that they yielded to the verdict for five cents as a compromise to end the litigation, and that it would be equitable to require each party to pay his own costs, we know nothiiig of the equitable circumstances apparent to the court below, and upon which it was the duty of that court, as of this, to act. We are not advised as to amount of costs, either in the aggregate, or as made by the respective parties. It is very evident that plaintiff either failed as to a large part of…
2Cases cited1 opinion
- Arthur v. FunkSupreme Court of Iowa · 1867