Adams v. Myers
Adams v. Myers
Opinion of the Court
The complaint was for the foreclosure of a mortgage executed by the defendants W. Koch and Fried-eribe Koch, his wife, to Morris Burnham (deceased), and the appellant, WilUam Myers, was made a defendant as having some interest in the mortgaged premises. The appellant answered, disclaiming any interest in the premises whatever at the time of the commencement of the suit, and prayed that the suit be dismissed as to him and that he recover his costs. This answer was stricken-off as frivolous, and the appellant made no further answer. That order stands un-reversed, and the appellant was then as effectually out of the case as if it had been dismissed as to him. He had no interest whatever in the subject matter of the action, as shown by his answer, and probably for that reason it was stricken off the files. It is not necessary to review the various proceedings antecedent to the judgment in the case, as this appeal does not embrace any of the orders therein. At the time the judgment was finally rendered the appellant appeared and resisted the motion for judgment, and asked for his costs. The court ignored the appearance of the appellant and his objections, and refused him costs; and on the 12th of January, 1884, rendered judgment in the case, and the costs were taxed without notice to the appellant, and inserted therein. After the judgment and costs had been satisfied by the defendants’ quitclaim deeds to the plaintiff of the mortgaged premises, the appellant moved the court, by rule to show cause, to set aside the taxation of costs and for .costs to be taxed to himself, and from the order denying the motion this appeal is taken.
All through the proceedings the appellant had been an in-
By the Court.— The order of the circuit court is affirmed.
Reference
- Full Case Name
- Adams, Administrator, etc. v. Myers, imp.
- Cited By
- 1 case
- Status
- Published