West v. Ferguson
Supreme Court of Virginia
In June 1856, Henry A. K. Eerguson and others filed their petition in the County court of Halifax county contesting the election of James R. West, as sheriff of the county.
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In June 1856, Henry A. K. Eerguson and others filed their petition in the County court of Halifax county contesting the election of James R. West, as sheriff of the county. The proceeding was in form according to the act of April 22, 1852, ch.. 71; and West having appeared to maintain his election, the case was heard by the County court at its August term, when the court adjudged and declared that West was duly elected sheriff of the county of Halifax for the term prescribed by law; to commence on the first of the next January: and then proceeded to render a judgment against the petitioners…
1Opinion of the CourtRobertson, J.
Costs were not recoverable at common law. It is true that in actions in which damages were given the costs of the plaintiff were in reality considered and included in the quantum of damages, and he thus indirectly.recovered his costs, or their equivalent. But he could not do this in actions in which no damages were given; and the defendant could not, in any case whatever, recover his costs, either directly or indirectly.—It is by virtue of statute law alone that any judgment for costs, eo nomine, can be rendered in favor of either party. 3 Black. Comm. 399; Com. Dig. Tit. Costs; Viner’s Abr.…
2Cases cited75 opinions
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- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
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- Pierce v. FraceWashington Supreme Court · 1891
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3Cited by16 opinions
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- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
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