Parisher v. Waldo

Citations

• 72 Ill. 71

Syllabus

<p>1. Judgment—in debt on an appeal bond. In an action of debt on an appeal bond, it is error to render a judgment for the sum named in the bond, and also for a further sum as damages. The judgment in such case should be, that the debt found should be discharged on the payment of the damages.</p> <p>2. Costs—how questioned. It is the duty of the clerk to tax the costs adjudged against the unsuccessful part;-, and when the fee bill is made up by the proper officer, it will be regarded as prima facie correct, and the cost debtor can challenge its correctness only in a direct proceeding, either by replevying the fee bill or by a motion to retax costs. It is impracticable to do so in a suit upon an appeal bond.</p>