Cooke v. Wilbanks

Execution upQn a decree for the payment of money was issued and levied by the sheriff upon lands. Pending such levy, defendant prosecuted an appeal from the decree, and executed the proper supersedeas bond; whereupon the execution was returned indorsed “Returned by order of Register.” The cause was affirmed on appeal. The register, in taxing costs, included an item equal to one-half the commission allowed the sheriff for collecting money on execution. Defendant moved to retax this item, and prosecutes this appeal from the order denying such motion.

“The law of fees and costs must be held to be…