Ivey v. Gilder

Decided July 1, 1898

Supreme Court of Alabama · decided 1898-07-01

Tried before Hon. John Gf. Winter. Appellant recovered a judgment for $13.50. The court in the judgment entry gave plaintiff costs to that amount, and taxed 'him with the residue. He made a motion' to retax the costs, alleging that the action Avas ox contracta, and, therefore, the entire costs should go against defendant. The motion Avas overruled, and exception reserved.

Cited by 3 later decisions — most recently April 1911

3 state decisions

Relies on Tippins v. Peters

Good law ✅— No negative treatment on recordhow we know

Decided 1898-07-01

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McCLELLAN, J.

¶1If the judgment of the city court, giving plaintiff costs to the amount of damages recovered and adjudging the residue of costs against him, Avas erroneous the plaintiff should have appealed. So long as the judgment stood unreversed and Avithout amendment taxation of costs in accordance Avith it was proper, and could not be changed on a mere motion for retaxation. Hence, the court did not err in overruling plaintiff’s motion to retax the costs.

¶2The further motion of plaintiff made after the motion to retax had been denied, and at a subsequent term of the court to amend the judgment came too late.- — ■ Tippins v. Peters, 103 Ala. 196.

¶3Affirmed.