Rush v. Lung Sanitarium

Mr. Justice Francis E. Bouck

dissenting.

This court, in its reversal of the county court’s judgment dismissing the case with prejudice1 — a reversal consistently urged by the plaintiff as plaintiff in error here — taxes against the plaintiff the entire costs incurred by both parties before the two justices of the peace in El Paso county and in the county court of that county, constituting all but an exceedingly small fraction of the total costs, in fact excepting only what was incurred before the justice of the peace in Teller county. This does not seem fair to the winning litigant.2 To find in…