Appeal from a Justice of the Peace Dismissed for Irregularities
Bad Ax County General Term dismisses Bartholomew Starlochi’s appeal from a justice of the peace for failure to pay costs. Court holds affidavit must be by plaintiff in person though not grounds for dismissal. Costs of motion to dismiss taxed at $10. appeal dismissed.
MENTIONED IN THIS ARTICLE
Btarloons Agt
Warner
Ajustice of the Peace
Justice of the Peace
J. E. Nowell
Wiscongin
Bad Ax County
Bierce
Osth
Bartholomew Starlochi
R. C. Bierce
J. J. Cole
van Heusen
Elderkin
Spurbeck
Mitchell
Demurrer Frivolousness in 1857 Case At Chicago
A civil demurrer arguing the complaint lacks facts to constitute a cause of action is judged not frivolous if reasonably grounded. The court held a general denials cannot render a demurrer frivolous. such a demurrer may be sustained under the Code if it clearly lacks merit.
Question on Complaint Demurrer and Exchange Judgment
The court holds the demurrer well taken because the complaint does not state the relief sought as to the exchange amount. It notes interest may be computed but exchange is unsettled by statute or common law and depends on proof. The motion for judgment is overruled with five dollars costs to the defendant.
MENTIONED IN THIS ARTICLE
Chitty
Additional costs in attachment case under section 219 rules
Badax County General Term December 1857 denies extra allowance of costs in an attachment suit where judgment by default was obtained. The court interprets section 219 as allowing extra costs only in difficult or extraordinary cases or where specific conditions apply.
MENTIONED IN THIS ARTICLE
Church Agt. Cobl
Badax County
Wa. F. Terhune
Austin
Lashar
Hale
Courts Should Grant Extra Costs Only In Extraordinary Cases
The court states that additional allowances under the second subdivision are proper only if the first subdivision shows a difficult or extraordinary case such as a trip. Courts should interpret the Code with common sense in the reform spirit. Extra costs are refused when the defendant fails to appear unless the case is very difficult or extraordinary. The motion is overruled without costs.
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