Brown v. Brown

Ogden, J. (Voorhies, J., absent.)

The question involved is, whether, to render an appeal suspensive, under Art. 575 of the Oode of Practice, the costs must be included in estimating the specific sum for which the judgment was rendered. The costs of suit are due to him in whose favor a judgment has been rendered, as a consequence of the judgment and without being claimed in the petition or mentioned in the judgment, and they are to be taxed when the judgment comes to be executed. O. P., Arts. 157, 551, 552.

It has not been the practice to include them in estimating the specific sum for which the…