Ex parte Robinson
Supreme Court of Alabama
This was an application, by petition, by Patrick Robinson and W. T. ITatcbett (the latter in his representative character as adtainistrator of the insolvent estate of John Lawler, deceased], for a writ of mandamus directed to Hon. JoiiN A. FosteR, chancellor, presiding in the Chancery Court at Montgomery, requiring him to vacate and set aside a decree rendered in a cause pending in said court, in the matter of the apportionment of costs.
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This was an application, by petition, by Patrick Robinson and W. T. ITatcbett (the latter in his representative character as adtainistrator of the insolvent estate of John Lawler, deceased], for a writ of mandamus directed to Hon. JoiiN A. FosteR, chancellor, presiding in the Chancery Court at Montgomery, requiring him to vacate and set aside a decree rendered in a cause pending in said court, in the matter of the apportionment of costs. A transcript of the record of the cause, showing the proceedings had therein, was made an exhibit to the petition filed in this court, from which these facts…
1Opinion of the CourtBlickell, C. J.
In the imposition of costs, the chancellor exercises a legal discretion, governed by precedent, and by general rules applicable to the varying circumstances of particular cases. But this discretion is exercised and exhausted, when a decree for the payment of costs is embodied in a final decree settling the equities of the case, and defining and declaring the rights of the parties. If from such a decree an appeal was taken, the decree as to costs would be open to modification or reversal, if in other respects there was found in it error, or that an alteration of it was just and equitable. In…
2Cases cited1 opinion
- Ex parte CresswellSupreme Court of Alabama · 1877
3Cited by10 opinions
- Manning v. CarterSupreme Court of Alabama · 1917
- Gainer v. JonesSupreme Court of Alabama · 1912
- Browder v. FaulknerSupreme Court of Alabama · 1886
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Tippins v. PetersSupreme Court of Alabama · 1893
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