Doyle v. Kiser
Decision Date | 06 January 1857 |
Citation | 8 Ind. 362 |
Parties | Doyle v. Kiser |
Court | Indiana Supreme Court |
From the Miami Circuit Court.
The judgment as to the costs is reversed, with instructions to render it in accordance with this opinion, and with costs incident to bringing the cause to this Court. The remainder of the judgment is affirmed with the costs in the Circuit Court.
H. P Biddle and B. W. Peters, for appellant.
D. D Pratt and D. M. Cox, for appellee.
This cause was once before in the Supreme Court. The opinion then given in it, reversing the judgment and remanding the cause for further proceedings is reported in 6 Ind. 242.
On the return of the cause to the Circuit Court, the defendant appeared by counsel and filed a paper reading thus:
Signed by counsel.
The plaintiff moved to set aside this offer as insufficient. The motion was sustained and no exception taken.
The defendant then filed a second offer, as follows:
This offer was accepted by the plaintiff.
It was therefore considered by the Court that the plaintiff recover of the defendant said sum of 90 dollars so confessed as aforesaid, together with all costs made in this Court, and that said plaintiff pay the costs incident to taking the cause to the Supreme Court. Exception was taken.
The reversal of the cause when formerly before this Court extended back through the trial in the Circuit Court to the issue tried; and the statute upon the subject of costs is that, 2 R. S. p. 161,...
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