Soup v. Smith

Decided January 29, 1868

Supreme Court of Iowa · decided 1868-01-29

Costs : motion : appeal : exception. — Action by plaintiff before a justice on a lease, alleging breaches. Defense in denial, and a cross action on the attachment bond filed by the plaintiff. Plaintiff had judgment before the justice, and the defendant appealed to the District Court. On a trial in the latter court, the jury returned a general verdict for the defendant for fifty cents.

Decided 1868-01-29

Dillon, Ch. J.-

¶1-The court adjudged that the defendant, though he had a general verdict in his favor, should recover but one-half of his costs. To this judgment the record discloses no exception, and for this reason, the appellee insists that no question is presented which this court can review.

¶2As the point is well made, it must be sustained. On examination of the record, we find that not only was there no exception to the order or judgment as to the costs, but no question in relation thereto was made by motion or otherwise.

¶3Inasmuch as the court ordered that the defendant should recover but one-half of the costs, and entered judgment accordingly, it may be that no motion to retax would be necessary, but if not, the record, in order to give the appellant.^ standing in this court, should show that he excepted to 'the order or judgment of which he complains. Bev. §§ 3106, 3107, 3108; and see cases collected, 2 Iowa Dig. 124.

¶4Affirmed.