Dodge v. Lake Shore & Michigan Southern Railway Co.
Dodge v. Lake Shore & Michigan Southern Railway Co.
Opinion of the Court
Appellant’s decedent filed his written consent to act as and become the next friend of a minor plaintiff in an action against the appellee. Such proceedings were had therein as resulted in a judgment against appellee in the trial court, which was reversed by the Supreme Court, and judgment ordered for appellee on the answers to interrogatories. Lake Shore, etc., R. Co. v. Peterson (1896) 144 Ind. 214.
The judgment of the Supreme Court provided that appellee recover its costs, taxed at $260, of which sum $43.25 was paid by decedent. After said cause was remanded, the trial court, in accordance with the mandate of the Supreme Court, rendered judgment that the plaintiff take nothing from the defendant, and by agreement a motion to tax costs was continued. Subsequently the parties appeared, and the court made an entry as follows: ‘ ‘ It is thereupon ordered by the court that all costs in this behalf accruing prior to November 7, 1893, be and the same are hereby taxed to Peter Johnson, who was the next friend to the plaintiff, to that date, and that all costs after November 7, 1893, be and the same are hereby taxed to Henry C. Dodge, next friend to the plaintiff after said date. ’ ’ The costs taxed in favor of the claimant herein which accrued in said cause after November 7, 1893, were taxed at $461.85, which said costs consisted of the costs of the Supreme Court hereinbefore mentioned, including the $260 mentioned in the judgment of reversal by the Supreme Court, less $43.25 paid by decedent in his lifetime.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.