David v. Ætna Insurance
Supreme Court of Iowa
Appeal from the Dubuque District Court. The defendant appeared by counsel, but filed no answer. The plaintiff withdrew his suit, and defendant asked for judgment for costs, including ten dollars, under the 79th rule of the court adopted by the judge thereof, and approved by the Supreme Court. This motion as to the ten dollars, was overruled, and defendant appeals.
1Opinion of the CourtWeight, C. J.
The 79th rule, referred to, reads as follows : “ In addition to costs and expenses regulated by law, costs shall be allowed to the prevailing party upon final judgment, by way of indemnity for his expenses in the action, as follows: In an action where judgment, upon failure to answer or prosecute the action, is had, ten dollars; for the trial of the issues of fact and of law, fifteen dollars.” This rule was adopted under the authority, conferred by Chapter 250 of the Laws of 1857, and was submitted to and approved by the judges of this court.
We are not disposed, except m a clear case, to…
2Cited by4 opinions
- Magnuson v. BillingsIndiana Supreme Court · 1899
- Bacon v. BlackSupreme Court of Iowa · 1874
- Furry Bros. v. FergusonSupreme Court of Iowa · 1898
- In re duPontCourt of Chancery of Delaware · 1899