Conner v. Winton

Question upon the taxation of costs.

This case was reversed in the Supreme Court, and remanded. In Doyle v. Kiser (1),this Court said that, “the reversal carries costs in favor of the party obtaining it, to the point to which the reversal is made.” And that where the reversal extends back to the iksue of fact tried, the costs of the trial are carried by the reversal.

Such is the rule. The practical application of it is, in the first instance, for the Court below, and this Court cannot judge of the correctness of that application, unless the items taxed to the parties respectively are shown in…