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16 Ind. 371

Smawley v. Stark

Indiana Supreme Court

Decided June 11, 1861

Indiana Supreme Court · decided 1861-06-11

<p>APPEAL from the Decatur Circuit Court.</p>

Relies on Conner v. Winton

Decided 1861-06-11

Per Curiam.

¶1Motion for re-taxation of costs in the Court below. The motion was founded upon a written statement, setting out the items alleged to hare been taxed by the clerk to the several parties. The motion was submitted to the Court, and overruled. A bill of exceptions shows the foregoing facts; thus making a case falling within the rule laid down in Conner v. Winton, 10 Ind. 25. But though the appellant got his case rightly before the Court below, he has not got it before this Court. Neither the evidence, nor grounds upon which the Court below decided, are in the record.

¶2The judgment is affirmed, with costs.

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