Whipple v. Wales

This case comes t.o us on certification of an agreed statement of facts from the District Court of the Sixth Judicial District pursuant to General Laws, 1923, Chapter 348, Section 4 (5112).

Plaintiff sued in debt on judgment to recover "costp alleged to have been taxed against respondents in personam in decrees in partition proceedings. A count was added for money paid for the use of defendants.

Costs are always incidental tp a particular proceeding. Bishop v. Aborn, 16 R. I. 568. While the common method of recovery is by execution in favor of the prevailing party, after final judgment or…