Scary v. Brush

Indiana Supreme Court

Scary v. Brush

42 Ind. 172

DecidedMay 15, 1873

StatusPublished

This text of 42 Ind. 172 (Scary v. Brush) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scary v. Brush, 42 Ind. 172 (Ind. 1873).

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Opinion

Downey, J.

Brush sued Scary before a justice of the peace, for twenty dollars, and'was beaten. He appealed to the common pleas, where he was again beaten. But the court rendered judgment that each party pay his own costs. The question as to the correctness of this ruling is the only question in this case.

J. E. McDonald, J. M. Butler, and E. M. McDonald, for appellant.

We think it quite clear that the ruling of the court was wrong. Costs follow judgment in the common pleas or circuit court on appeal from the judgment of a justice of the peace, as a general rule. 2 G. H. 597, sec. 70. There are two exceptions to the rule, but this case does not fall within either of them.

The judgment as to costs is reversed, with costs, and the case remanded, with instructions to render judgment in favor of the appellant for full costs.

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Downey, J.

Brush sued Scary before a justice of the peace, for twenty dollars, and'was beaten. He appealed to the common pleas, where he was again beaten. But the court rendered judgment that each party pay his own costs. The question as to the correctness of this ruling is the only question in this case.

J. E. McDonald, J. M. Butler, and E. M. McDonald, for appellant.

We think it quite clear that the ruling of the court was wrong. Costs follow judgment in the common pleas or circuit court on appeal from the judgment of a justice of the peace, as a general rule. 2 G. H. 597, sec. 70. There are two exceptions to the rule, but this case does not fall within either of them.

The judgment as to costs is reversed, with costs, and the case remanded, with instructions to render judgment in favor of the appellant for full costs.

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Bluebook (online)

42 Ind. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scary-v-brush-ind-1873.