Davies v. Robinson
Supreme Court of Arkansas
Appeal from Drew circuit Court. Marcus L. Hawkins, Judge. In courts of law the costs must follow the judgment. Sand. & H. Dig., chap. 31, § 787. The statute regulating costs applies only to “reasonable and necessary” costs, and it is within the sound discretion of the court to refuse to allow to the prevailing party costs which he has caused to accumulate unnecessarily. 17 Ark. 361. The “final judgment,” contemplated by § 788, Sand. & H. Dig., was in this case the…
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Appeal from Drew circuit Court. Marcus L. Hawkins, Judge. In courts of law the costs must follow the judgment. Sand. & H. Dig., chap. 31, § 787. The statute regulating costs applies only to “reasonable and necessary” costs, and it is within the sound discretion of the court to refuse to allow to the prevailing party costs which he has caused to accumulate unnecessarily. 17 Ark. 361. The “final judgment,” contemplated by § 788, Sand. & H. Dig., was in this case the adjudication as to taxes, improvements, costs and interest, as provided for in § 2597, ib. These matters arise under the…
1Opinion of the CourtWood, J.
This suit was ejectment for a tract of land in Chicot county. The defendant set up possession of the land by virtue of a donation deed, and set up by way of cross-corn-plaint a claim for improvements and taxes. A change of venue was taken at the instance of plaintiffs to the Drew circuit court, where judgment was rendered awarding possession of the land in controversy to the plaintiffs, and also a personal judgment in favor of defendant against plaintiffs in the sum of $245/ for improvements and taxes, and for all costs. The plaintiffs filed a motion to retax the costs, which was overruled.…
2Cases cited1 opinion
- Meadows v. RogersSupreme Court of Arkansas · 1856
3Cited by3 opinions
- Mitchell v. Eagle.Supreme Court of Arkansas · 1946
- McKewen v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Williams v. BuchananSupreme Court of Arkansas · 1908