Lawson Supply Co. v. General Plumbing & Heating, Inc.

(concurring and dissenting) :

I concur in that part of the decision adjudging Lawson to have been a material-man under the statute, but respectfully dissent from that part adjudging that the expense of depositions is assessable as costs. I think this latter conclusion is a product of none of this court’s business, amounts to judicial legislation, and is bottomed on no legitimate authority save our own ipse dix-it.

There were no assessable costs at common law.1 They are strictly statutory.2 There is absolutely nothing in our statutes having to do with depositions being assessable as costs. There…