James v. Vickers
Supreme Court of Alabama
Motion to Retaos Gosts. Appeal from Jackson Circuit Court. Heard before Hon. A. H. Alston. Motion by Charles L. James, administrator, against Lem Vickers and others, under Code 1896, § 1341, for relaxation of costs. From a judgment denying the motion, movant, appeals.
1Opinion of the CourtAnderson, J.
— -This appeal is prosecuted from the action of the trial judge in refusing a motion to re-tas costs, made under section 1344 of the Code of 1898. This section is intended to afford relief to parties against whom a clerk or other ministerial officers have improperly taxed cost, and before relief can be had thereunder it should appear that the costs complained of had been taxed against the movant.—Tecumseh Iron Co. v. Mangun,, 67 Ala. 246. There is nothing in this record td show that the costs complained of had even been taxed against the movant, except an averment in the motion which was not…
2Cases cited1 opinion
- Tecumseh Iron Co. v. MangumSupreme Court of Alabama · 1880
3Cited by2 opinions
- Barker v. ByarsSupreme Court of Alabama · 1944
- Williams v. WilliamsSupreme Court of Alabama · 1949