Miles v. Bayles

Opinion by

Judge Peters :

Chapter 25, Sec. 13, Revised Statutes, page 288 (Ky. Statutes, Sec. 889), contains the following provisions: The party succeeding in any civil suit or action, on the merits or otherwise, shall recover costs unless differently provided, etc., etc.

This provision of the statute makes no exception on account of the amount recovered. The party who succeeds in the suit or action in the recovery of a judgment, be it ever so small, is entitled to costs. Brandies v. Stewart, etc., 1 Met. 395. The court below, therefore, erred in adjudging to appellee cost, which is the only…