Burkitt v. Vail
Burkitt v. Vail
Opinion of the Court
In the Circuit Court, the plaintiff recovered judgment in replevin and the defendant appealed, giving bond for stay of proceedings.
The judgment of the Circuit Court was affirmed on appeal and, by inadvertence, judgment in this court was entered for the recovery from the defendant and his surety of the damages awarded plus the
The plaintiff now moves here to retax the costs and to permit him to file a supplemental cost bill for disbursements incurred in pursuance of the original mandate because of the delay of the defendant in moving to recall that instrument.
Whatever disbursements were incurred by virtue of the first mandate accrued in the Circuit Court and must be adjudicated there. In such a case, the Supreme Court has nothing to do with that class of expenditures in the first instance. The motion is denied. Motion Denied.
Reference
- Full Case Name
- BURKITT v. VAIL
- Status
- Published