Bush v. Yeoman
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. This action was originally brought before a justice of the peace, where the plaintiff recovered a judgment, which was very informally entered by the justice. The defendant appealed to the circuit court, and there moved “ that this case be dismissed, at plaintiff’s costs, because this court has no jurisdiction.” The court dismissed the appeal at defendant’s costs.
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Appeal from Mahaska Circuit Court. This action was originally brought before a justice of the peace, where the plaintiff recovered a judgment, which was very informally entered by the justice. The defendant appealed to the circuit court, and there moved “ that this case be dismissed, at plaintiff’s costs, because this court has no jurisdiction.” The court dismissed the appeal at defendant’s costs. On the next day the defendant moved to re-tax costs, and afterward the court, on this last motion, ordered “ that the appeal be dismissed, and that each party pay his own costs.” From this order the…
1Opinion of the CourtCole, J.
The transcript does not disclose tbe evidence upon'which the court below acted, and since, in certain cases, the costs are in the discretionary power of the court (Rev. § 3465, and other sections), we cannot properly interfere with its action unless the record discloses that the case was not within the discretion of the court, or that the discretion was improperly exercised. Arthur v. Funk, 22 Iowa, 238; Packer v. Packer, 24 id. 20; Burton v. Mason, 26 id. 392; Scott's adm'r v. Cole & Allen, 27 id. 109. Neither is shown in this case. The only facts shown, bearing upon the question, are set…
2Cases cited1 opinion
- Arthur v. FunkSupreme Court of Iowa · 1867
3Cited by2 opinions
- Hart v. DelpheySupreme Court of Iowa · 1922
- Harvey v. Pinkerton & WilsonSupreme Court of Iowa · 1897