Supreme Court of Iowa, 1870

Bush v. Yeoman

Bush v. Yeoman
Supreme Court of Iowa · Decided January 27, 1870 · Cole
30 Iowa 479

Bush v. Yeoman

Opinion of the Court

Cole, J.

The transcript does not disclose tbe evidence upon'which the court below acted, and since, in certain cases, the costs are in the discretionary power of the court (Rev. § 3465, and other sections), we cannot properly interfere with its action unless the record discloses that the case was not within the discretion of the court, or that the discretion was improperly exercised. Arthur v. Funk, 22 Iowa, 238; Packer v. Packer, 24 id. 20; Burton v. Mason, 26 id. 392; Scott's adm'r v. Cole & Allen, 27 id. 109. Neither is shown in this case. The only facts shown, bearing upon the question, are set forth in the statement preceding this opinion.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.