Legal Opinion
Peninsular Naval Stores Co. v. Culbreth
Supreme Court of Georgia
Decided July 13, 1926No. 5011PublishedCited by 7 opinions
1Opinion of the CourtAtkinson, J.
1. In equity practice as a general rule “it is the province of the judge . . to determine upon whom the costs shall fall.” Civil Code (1910), § 5423. In the early case of Pearce v. Chastain, 3 Ga. 226, 230 (46 Am. D. 423), it was said: “Costs in chancery do not always follow the event of the suit, but are awarded according to the justice of the cause. They rest in the sound discretion of the court, to be exercised upon full view of all the merits and circumstances of the case.” This is a good statement of the rule, and it has been consistently recognized. Lowe v. Byrd, 148 Ga. 388 (96 S. E.…
2Cases cited12 opinions
- Garmany v. LawtonSupreme Court of Georgia · 1906
- Lowe v. ByrdSupreme Court of Georgia · 1918
- Hamilton v. DuPreSupreme Court of Georgia · 1898
- Samuel B. Pearce & Co. v. ChastainSupreme Court of Georgia · 1847
- Bradford v. Cooledge & BrotherSupreme Court of Georgia · 1898
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3Cited by7 opinions
- Ewing v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1953
- Mendenhall v. StovallSupreme Court of Georgia · 1940
- Hicks v. Atlanta Trust Co.Supreme Court of Georgia · 1938
- Werner v. WernerSupreme Court of Georgia · 1943
- Edwards v. United Food Brokers Inc.Supreme Court of Georgia · 1943
2 more not listed; retrieve them via the Exa API.