Armes v. Pierce Governor Co.

Indiana Court of Appeals

Armes v. Pierce Governor Co.

112 N.E.2d 241, 123 Ind. App. 490, 1953 Ind. App. LEXIS 153

Indiana Court of Appeals·Decided May 14, 1953·No. No. 18,202·Published

Opinion

Per Curiam

— This court decided this appeal in favor of appellant October 15,1951. Armes v. The Pierce Gov[491] ernor Company, Inc. (1951), 121 Ind. App. 566, 101 N. E. 2d 199.

A statement of costs was sent appellee by the Clerk of this court on November 15, 1951 and January 17, 1952. On April 28, 1953 appellee filed its motion to re-tax the costs. In Howard et al. v. Robinette et al. (1952), 123 Ind. App. 206, 109 N. E. 2d 432, we held a motion to retax costs should be filed in a reasonable time after final decision. Appellee’s motion was not filed in a reasonable time. Therefore, its motion is overruled.

Note. — Reported in 112 N. E. 2d 241.

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Per Curiam

— This court decided this appeal in favor of appellant October 15,1951. Armes v. The Pierce Gov[491] ernor Company, Inc. (1951), 121 Ind. App. 566, 101 N. E. 2d 199.

A statement of costs was sent appellee by the Clerk of this court on November 15, 1951 and January 17, 1952. On April 28, 1953 appellee filed its motion to re-tax the costs. In Howard et al. v. Robinette et al. (1952), 123 Ind. App. 206, 109 N. E. 2d 432, we held a motion to retax costs should be filed in a reasonable time after final decision. Appellee’s motion was not filed in a reasonable time. Therefore, its motion is overruled.

Note. — Reported in 112 N. E. 2d 241.

Armes v. Pierce Governor Co., 112 N.E.2d 241, 123 Ind. App. 490, 1953 Ind. App. LEXIS 153 (Ind. Ct. App. 1953).

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Opinion

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