American Banking Co. v. Lynch

Citations

• 13 S.D. 34
• 82 N.W. 77
• 1900 S.D. LEXIS 88

Syllabus

<p>Whore plaintiff in an action to redeem from a sale under a senior mortgage obtained a judgment, which was affirmed on appeal, and again on rehearing, with costs, and defendant made no objection to the action of the trial court taxing the costs against him, a motion in the supreme court to retax costs will he ¿enied, since the defendant, if dissatisfied as to the costs below, should have made timely objection in the trial court; and, having taken his chances on securing a reversal on appeal, and failed, there is no reason why the costs incurred thereby should not be taxed against him.</p>