Pecos & N. T. Ry. Co. v. Porter

Appellee has filed a motion to retax the costs in this case. By reason of the fact that the judgment was reversed and the cause remanded, the clerk of this court, in accordance with Revised Statutes, art. 2035, which is as follows: “The successful party to a suit shall recover of his adversary all the costs expended or incurred therein, except where it is or may be otherwise provided by law” — and the further article of the statute, providing for the issuance of execution from this court against the party adjudged to pay such costs, has taxed the costs against appellees, and is urging tlie…