Kennedy v. Emerald Coal & Coke Co.

Pearson, Vice-Chancellor:

Complainants ask that costs be taxed against respondent, notwithstanding that the bill must be dismissed. They contend that the awarding of costs is within the discretion of the Court of Chancery, and that such discretion should be exercised in their favor under the facts of this case.

The statute relating to costs in equity, Revised Code of Delaware (1935), Section 4907, provides that “A Court of Equity, * * * shall make such order concerning costs in every case as shall be agreeable to equity.” This is in harmony with the familiar doctrine that the taxing of costs is…