Ethridge v. Jackson

DEADY, District Judge.

At common law costs were not given to either party. By 6 Edw. I. c. 1, commonly called the “Statute of Gloucester,” costs were given in all cases to the party recovering damages, de incremento, as an increase, or increment of the judgment.

The act of February 26, 1853 (10 Stat. 168), provides what attorney’s fees and items of expense are taxable as costs in the national courts. Dedekam v. Voge [Case No. 3,731]; Parker v. Bigler [Id. 10,726]; Lyell v. Miller [Id. 8,620); The Baltimore, 8 Wall. [75 U. S.] 388.

The statute of Gloucester is considered a part of the law which…