Powell v. Western Stage Co.
Supreme Court of Iowa
Appeal from the PolJc District Court. Plaintiff obtained a judgment before a justice of tbe peace, from wbicb defendants appealed to tbe District Court. Before tbat court, tbe defendants offered to pay plaintiff ten dollars, at tbe time tbe jury was being called, but no testimony was offered on tbe trial to establish said proffer. Tbe plaintiff obtained a judgment for ten dollars, wbicb was a less sum tban tbat recovered before tbe justice.
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Appeal from the PolJc District Court. Plaintiff obtained a judgment before a justice of tbe peace, from wbicb defendants appealed to tbe District Court. Before tbat court, tbe defendants offered to pay plaintiff ten dollars, at tbe time tbe jury was being called, but no testimony was offered on tbe trial to establish said proffer. Tbe plaintiff obtained a judgment for ten dollars, wbicb was a less sum tban tbat recovered before tbe justice. Tbe court thereupon ordered plaintiff to pay,tbe costs of defendants, Because be bad recovered a less sum tban tbat recovered before tbe justice, and…
1Opinion of the CourtWright, C. J.
This case involves tbe construction of •sections 2345 and 2346 of tbe Code, wbicb provide tbat the appellant must pay tbe costs of tbe appeal, unless be obtains a more favorable judgment tban tbat from wbicb be appealed; and tbat .if tbe judgment below is against tbe appellant, be may proffer to pay a certain amount, with costs, and if tbe final amount recovered, be less favorable to tbe appellee tban such proffer, be shall pay tbe costs Of appeal.
Construing these two sections in connection, there can be -but little doubt, that tbe plaintiff was entitled to bis judgment for full costs. Tbe…
2Cited by2 opinions
- Sheer Construction, Inc. v. W. Hodgman & Sons, Inc.Supreme Court of Iowa · 1982
- Best v. DeanSupreme Court of Iowa · 1859