Hunt v. Lewis

Decided May 31, 1853

Indiana Supreme Court · decided 1853-05-31

<p>Upon an appeal from tlie judgment of a justice of the peace, the defendant, if he reduces the justice’s judgment more than 5 dollars, is entitled, under the R. S. 1843, to a judgment for costs.</p>

Relies on Wonderly v. Nokes

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Decided 1853-05-31

How this case has been cited

Cited by 8 later decisions — most recently March 1915

8 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.

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Davison, J.

¶1Lewis sued Hunt before the mayor of Rising Sun, who was ex officio a justice of the peace, and recovered judgment for 25 dollars and 50 cents. Hunt appealed. In the Circuit Court Lewis remitted 5 dollars and 15 cents of the judgment before the mayor. The cause was submitted to a jury. Verdict in favor of Lewis for 11 dollars and 57 cents, and judgment against Hunt for that sum and costs of suit. This judgment for costs

¶2is erroneous. The amount recovered before the mayor was reduced, upon the appeal, more than 5 dollars. Hunt was, therefore, entitled to a judgment for costs. R. S. 1843, c. 47, s. 175.—2 Ind. R. 288.-8 Blackf. 589.

Per Curiam.

¶3So much of the judgment as gives costs to the plaintiff below, is reversed, with costs. Cause remanded with directions to the Circuit Court to render judgment for costs in favor of the defendant below.