Ryan v. Gould

In this case issue was joined by the filing of the usual replication, the pleadings consisting of bill, answer, and replication. After the cause was noticed by the defendant for final hearing, and in fact after it was called on the calendar, an order was made on the motion of the complainant dismissing the bill “without prejudice to the complainant’s, or his assignee’s rights, and with the usual costs to the defendants.”

The clerk, upon taxation of defendants’ bill of costs, allowed a docket fee of |20. The question raised upon this appeal, is whether, under section 824 of the Revised…