Wilson v. Fussell
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Matthew T. Sanders, Judge. 1. A judge at chambers cannot render judgment for costs. 8 S. F. 526-528. 2. The statute (Mansf. Dig. sec. 5717) requires no one to give security for costs, and has no provision for adjuding costs against any one.
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Appeal from Saint Francis Circuit Court. Matthew T. Sanders, Judge. 1. A judge at chambers cannot render judgment for costs. 8 S. F. 526-528. 2. The statute (Mansf. Dig. sec. 5717) requires no one to give security for costs, and has no provision for adjuding costs against any one. The appellees were acting in behalf of the State, and the State owes no costs in litigation before her courts. 3 So. 489. 3. The right to recover costs is not a common law right, but statutory, and where the statute is silent, no costs can be adjudged. 1 S. F. 424; 8 Atl. 828 ; 10 id. 592; 48 N. W. 248 ; 33 N. W.…
1Opinion of the CourtRiddick, J.
D. M. Wilson, the sheriff of St. Francis county, gave bond as collector of taxes, which was approved by the county court. The appellees, James Fussell et al., citizens and tax payers of the county, deeming the sureties on said bond insufficient, appealed to the circuit judge in vacation from the order of the county court approving said bond. The circuit judge, after hearing the evidence and considering the matter, also approved the bond, and taxed the costs of the proceeding against said appellees. This is an action by scire facias to enforce this order of the circuit judge in reference to…
2Cited by11 opinions
- Arkansas State Game & Fish Commission v. KizerSupreme Court of Arkansas · 1953
- Cain v. CarlleeSupreme Court of Arkansas · 1926
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Letchworth v. FlinnSupreme Court of Arkansas · 1913
- Jefferson County v. PhilpotSupreme Court of Arkansas · 1899
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