Macomb v. Lake County

Citations

• 13 S.D. 103
• 82 N.W. 417
• 1900 S.D. LEXIS 118

Syllabus

<p>1. Comp. Laws, £ 5191, subd. 3, provides that costs shall be allowed to plaintiff, as of course, on recovery in actions in which a justice of the peace has no jurisdiction. Section 5192 authorizes costs, in the court’s discretion, in actions other than those specified in Section 5191. Held, that as Section 5191, subd. 3, applied only to legal actions, a plaintiff recovering-in an injunction proceeding was not entitled to costs as of course, it being- an equitable proceeding.</p> <p>2. Under Comp. Laws, § 5192, allowing costs in excess of actual disbursements, in the discretion of the court, there was no abuse of discretion in refusing to allow a plaintiff costs in excess of his actual disbursements, where plaintiff had recovered in an injunction proceeding covering a period of five years, and defendant had been compelled to expend a large amount of costs in defense,</p>