Peyton v. William C. Peyton Corp.

Layton, Chief Justice,

delivering the opinion of the court:

The question is whether the expense of the preparation and certification of the records in the causes and of the printing of the required copies of the consolidated record should be taxed as a part of the costs against the appellees.

Costs are allowances in the nature of incidental damages awarded by law to reimburse the prevailing party for expenses necessarily incurred in the assertion of his rights in court. At the common law costs were unknown. The right to recover them depends on statutory authority, express or implied. The right,…