City of Richmond v. County of Henrico

The rehearing, granted to the judgment entered on April 22, 1946, pursuant to the principles announced in the opinion published in 185 Va. 176, 37 S. E. (2d) 873, was limited to the question of the costs incurred in this court and in the lower court.

The allowance of costs depends entirely upon statute, as no costs were allowed at common law. 4 Minor’s Institutes, 2 Ed., p. 874. Chapter 185 of the Code of 1849, pages 704-5-6, contains sixteen sections covering the allowance of costs both in the trial and in the appellate courts. Section 8 of this chapter is the pertinent section controlling…