McCartney v. Campbell

Maxwell, Judge :

This appeal involves only a question of costs, and is an aftermath of a prior decision of this court in the same cause. McCartney v. Campbell, 114 W. Va. 332, 171 S. E. 821.

Ordinarily, there may not be appellate review of a matter of costs alone, but the general rule “does not apply in a case involving clear abuse of the trial' court’s discretion in fixing costs.” Traugh v. Hart, 113 W. Va. 388, 168 S. E. 137. Appellant seeks to bring this case within the exception.

In 1928, Campbell entered into a written contract with McCartney for the purchase of certain land of him. In…