Henderson v. Walker

These cases are motions to retax costs, made by the County Judge of Hamilton County, and counter motions to strike the motions to retax from the files. The cases are test causes, brought to try the right to costs in a large number of cases involving considerable amounts. The matters, as presented to the Court, arise on habeas corpus proceedings, and may be divided into three classes: (1) Cases where the trial Judge held the party legally restrained of his liberty, and taxed *231the county with the costs; (2) when the trial Judge held the party not legally restrained, but entitled to discharge,…