Jones v. Underwood

Allen, Justice.

It is well settled, first, that the. statutes in force at the time the right of the party to costs becomes fixed, control the taxation and fix the items to be allowed to the successful party. (Tucker agt. Hunter, 15 Howard, 156; Crary agt. Norwood, 5 Abb. 219.) Second, that the right to costs ac*533ernes and becomes fixed upon the coming in of the verdict in those actions in which costs of course are given to the prevailing party. (Burnett agt. Westfall, 15 Howard, 431; Torry agt. Hadley, 14 Id. 357.)

A party is entitled to have his costs adjusted by the fee bffl in force at the…