James v. Walker

Opinion op the Court by

Judge Settle —

Overruling Motion.

Appellee complains that although successful in his ■contentions in this case, both in the Court below and this Court, the Clerk of this Court in his taxation of the ■costs, improperly failed to tax in his. favor and against *74the Commonwealth the costs incurred hy him in this court. In other words he insists that he is entitled to recover of the Commonwealth his costs.

Section 885, Kentucky Statutes, provides:

“If the Commonwealth ishall be unsuccessful in any case prosecuted in her own right, no judgment for costs shall be rendered against…