Lovel v. Joyce
Idaho Supreme Court
.APPEAL from the District Court of Kootenai County. Hon-' orable Ralph T. Morgan, Judge. Judgment for plaintiff, from which, and an order overruling a motion to retax costs, defendant appeals. The facts are stated in the opinion. All the authorities cited by appellant are cited and discussed in the opinion, cites no authorities not found! ’ in the opinion.
1Dissent
SULLIVAN, C. J.,
Dissenting. — I am unable to concur in ,the conclusion reached by my associates. Section 4776, Revised Statutes, provides that the prevailing party in probate and justice’s courts is entitled to costs of the action, and applies only to trials in those courts, and does not control on an appeal from either of said courts to the district court. Title 14, chapter 6 of the Revised Statutes of 1887, is entitled “Of costs,” and section 4906 of said chapter is as follows: “In the following cases the costs of appeal are in the discretion of the *391court: 1. When a new trial is ordered; 2.…
2Cases cited3 opinions
- Sugar Pine Lumber Co. v. GarrettOregon Supreme Court · 1895
- Nurse v. JustusOregon Supreme Court · 1876
- Burt v. AmbroseOregon Supreme Court · 1883