Legal Opinion

McClatchey v. Finley

Supreme Court of Iowa

Decided December 6, 1883PublishedCited by 1 opinion

Appeal from Dallas Circuit Court. UpoN the issues joined, the plaintiff recovered a judgment; but the defendants filed a motion to tax certain costs to tbe plaintiff, which was overruled, and defendants appeal.

1Opinion of the CourtServers, J.

The action was on a promissory note, the execution of which was admitted in the answer. The defendants pleaded a partial failure of consideration, and also a counter-claim. Just prior to commencing the trial, the defendants offered to confess judgment for $125, which the plaintiff refused to accept. The j ury found for the plaintiff in the sum of $131.15, but the issues as to the failure of consideration and countex*-claim were found in favor of the defendants. Thereupon the defendants moved the court to tax certain costs to the plaintiff, which was overruled, and the following question has…

2Cases cited1 opinion

  1. Hall v. ClaytonSupreme Court of Iowa · 1876

3Cited by1 opinion

  1. Harvey v. Pinkerton & WilsonSupreme Court of Iowa · 1897

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