Bowen v. Weatherman

Citations

• 3 Idaho 469
• 31 P. 814
• 1892 Ida. LEXIS 41

Syllabus

<p>Retaxation of Costs — Execution for Costs Disallowed by Court. — Defendant moves the court for a retaxation of the costs claimed by plaintiff, agreeing that if the motion should be allowed he would pay the damages and the costs found due on retaxation, to which proposition plaintiff consented. The court retaxed the costs and struck out $123.77. The defendant immediately paid the judgment and costs, less the amount so struck out. Plaintiff thereafter filed a demand for a writ of execution for the balance of said costs disallowed by the court; the court refused to issue the writ.</p> <p>Writ of Execution Properly Refused. — Held, that the writ was properly refused; that plaintiff was bound by his agreement in accepting the defendant’s proposition to pay the judgment and the costs found due by the court.</p> <p>(Syllabus by the court.)</p>