Randolph v. Rosser
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa county, exercising- chancery jurisdiction. This case is identical with the case of Rosser vs Randolph, immediately preceding. From the decree of the chancellor below, a writ of error was taken by defendant to this court. The plaintiff in error, assigned as error— That the court below decreed that the plaintiff in error should pay the costs, — for which he prayed that the decree, in this particular, might be reversed,
1Opinion of the CourtOrmond, J.
— This writ of error is prosecuted, to reverse a decree of the chancellor, dismissing a bill in chancery, at the costs of the defendant in the court below. The only error complained of, is, that costs were improperly adjudged against the present plaintiff.
The general rule is, that costs do not, in chancery, as a necessary consequence, follow the event of the cause; but that the chancellor may direct the costs to be paid by either party, or jointly by both, as justice may require.
It has, however, been decreed by this court, that a writ of error will not lie, to reverse a decree for costs only…
2Cited by9 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Governor Siegelman v. Alabama Assn., S. Bds.Supreme Court of Alabama · 2001
- Caldwell v. LovelessAlabama Court of Appeals · 1920
- Temple v. LawsonSupreme Court of Arkansas · 1857
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
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