123 Ind. App. 467 - Stayner v. BRUCE’s Empirical Analysis
1953
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 1999
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Latshaw v. State ex rel. Latshaw · Frankel v. Garrard · Indian Territory Illuminating Oil Co. v. Larkins · Hodson v. O'Keeffe · Wagner v. Peoples Building & Loan Ass'n
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Court costs were unknown at common law and were not recoverable, eo nomine, by either party. In this state the right to recover costs and liability for the payment thereof are matters entirely for the legislature, Latshaw v. State, ex rel. (1901), 156 Ind. 194 , 59 N.E. 471 , and courts have no inherent power in connection therewith. Costs cannot be allowed to one party or imposed upon another in the absence of a statute so providing. State, ex rel. v. Freiberg (1919), 70 Ind.App. 1 , 122 N.E. 771 . However the determination of which party has the right to recover costs under a statute authorizing their assessment is a judicial process. Cauthorn v. Bierhaus (1909), 44 Ind.App. 362 , 88 N.E. 314 , and the court’s determination of the question is an integral part of its judgment. Gescheidler v. Nat. Casualty Co. (1951), 120 Ind.App. 673 , 96 N.E.2d 123 . It can be said, we think, that a court is powerless to render judgment for costs in a manner forbidden by statute even though it has jurisdiction of the subject matter and the parties and an attempt to do so is illegal. Wagner v. Peoples Bldg. & Loan Ass’n. (1943), 292 Ky. 691 , 167 S.W.2d 825 .””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.