State v. McCoy

Appeal from clerk's taxation of costs against the state and in favor of defendants. The basis of the objection is that the state was acting in its sovereign capacity and that no costs or disbursements should be taxed against the sovereign in the proceedings involved, and for the further reason that such taxation is not expressly authorized by statute.

The attorney general, in the name of the state, commenced the action under M.S.A. 48.525 to have the deposits declared escheated and to enforce the rights of the state. As stated in our opinion in the case, the procedural requisites under the…