De Witt v. Bigelow & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Assumpsit by Bigelow & Co. as the payees of a bill of exchange drawn by DeWitt on, and accepted by McCullum& Dorsey, and protested for non-payment. The cause was once continued by the plaintiff, on payment of costs of the term. Afterwards a general judgment for costs was rendered against the defendant on the verdict.
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Writ of Error to the Circuit Court of Barbour. Assumpsit by Bigelow & Co. as the payees of a bill of exchange drawn by DeWitt on, and accepted by McCullum& Dorsey, and protested for non-payment. The cause was once continued by the plaintiff, on payment of costs of the term. Afterwards a general judgment for costs was rendered against the defendant on the verdict. In the progress of the trial, the plaintiffs offered to read the deposition of a witness taken under a commission directing its execution at the storehouse of Green, Robbins & Go. The defendant objected that the certificate showed…
1Opinion of the CourtGoldthwaite, J.
1. A judgment for costs, in general, is the necessary consequence of the failure by a party to the suit to sustain his claim, or defence, but their amount is *483seldom, if ever, stated in the judgment entry. It is usually impracticable to ascertain the exact sum until the costs are taxed by the proper officer, and several of the items for which the party is chargeable depends on the subsequent action upon the judgment itself. The judgment is technically said to open to secure the amount of the costs, and if these are improperly taxed, or more than the entire record will warrant, is taxed, the…
2Cases cited2 opinions
- Jordan v. HazardSupreme Court of Alabama · 1846
- Sandford v. SpenceSupreme Court of Alabama · 1842