1 Morris 258
Decided January 15, 1843
Supreme Court of Iowa · decided 1843-01-15
This was an action of sssumpsit brought by Wright against Antrim, in the District Court of Henry county. The point saved for the consideration of the Supreme Court, is contained in the statement of the counsel for the plaintiff in error. Errors assigned: 1. The court erred in rendering up judgment for costs against Wright at the September term, 1842, which costs were made at the March term, 1842. 2. The court erred in giving costs against the plaintiff.
Decided 1843-01-15
¶1Per Curiam,
¶2The question of costs upon granting a new trial, is left to the discretion of the District Court. We do not feel disposed to interfere with that discretion, even in the present instance, although the costs were awarded at a subsequent term, against the party obtaining a new trial. The circumstances might have been such as to justify the court in such a case, and such will be presumed to have been the fact, undei the present circumstances of this case.
¶3Judgment affirmed.