McWilliams Dredging Co. v. Department of Highways of Louisiana

HUTCHESON, Chief Judge.

Appealing from an order taxing costs, appellants are here insisting that it should be reversed.

Invoking the general rule that an appeal does not lie from a decree solely for costs, 1 appellee insists that the appeal should be dismissed as one merely involving discretion, and, in the alternative, that if appealable, the order should be affirmed.

Since the refusal below to tax most of the items was based not upon the exercise of discretion but upon want of power to do so, it is clear that the order was appealable. 2 We cannot, therefore, agree with appellee that the appeal…