Superior Court Office v. . Lockman

A motion being made below for execution, according to the notice, his Honor, Judge Strange, who presided, refused the motion and dismissed the proceedings; upon which, the case was brought here by appeal. Strictly speaking, the party is at all times (147) answerable for his own costs; but under the act of 1777, Rev., ch. 115, sec. 90, the successful party being authorized to recover them from the party cast, the practice has been to wait the event of the suit, and then to issue execution against the party cast for costs; before which time the officers do not claim to be paid their costs. But…