Coles v. Coles

The Chancellor.

All the questions raised upon the hearing relate to the costs and expenses of the proceeding.

1. By whom are the costs and expenses to be borne ?

The general rule of the Court of Chancery in England is understood to be that declared by the Chancellor in Agar v. Fairfax, 17 Vesey 558, viz. that as the party came into equity, instead of going to law for his own convenience, the rule of law should be adopted, and therefore no costs should be given until the commission; that the costs of issuing, executing, and confirming the partition should be borne by the parties in proportion to…