McCormack v. Malone
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Claim suit between J. B. McCormack and Mrs. T. C. Malone. From a judgment dismissing claimants certiorari and taxing him with the costs she appealed. Appeal may be taken from judgment on motion to retax costs.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Claim suit between J. B. McCormack and Mrs. T. C. Malone. From a judgment dismissing claimants certiorari and taxing him with the costs she appealed. Appeal may be taken from judgment on motion to retax costs. Section 3684 Code 1907 as amended; Acts 1911, page 9. Under the facts in this case the claimant was not the losing party and was improperly taxed with the costs. — Burns v. Howard-, 68 Ala. 353; Northern v. Manners, 121 Ala. 58S; Myers v. Contoay, 90 Ala. 109; Pappo v. IToioard, 154 Ala. 310; Parker v. Wimberly, 78 Ala.…
1Opinion of the CourtWalken, P. J.
It is apparent from the record that the appellant, who was the claimant below, in seeking a retaxation of the costs upon the ground that they had been taxed improperly against the winning party to the suit, instead of against the losing party, acted on a misapprehension of the judgment. The suit which was removed into the city • court by the writ of certiorari was the claim suit instituted by the appellant. The judgment of that court, after reciting the claimant’s failure to appear and prosecute his appeal to effect, and that no cause for such failure was made known to the court, adjudged…
2Cited by3 opinions
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