Legal Opinion

State ex rel. Warren County v. Stone

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 1 opinion

Motion,in the supreme court. The appeal in this case, on its merits, has. been decided at this term. See the preceding case. The mandamus suit having been appealed to this court, and here decided adversely to the auditor, the attorney-general has, by motion, invoked the judgment of the court as to whether the costs of the appeal are taxable against the auditor. ■

1Opinion of the CourtCampbell, C. J.

The question is, whether, in a proceeding by mandamus against a state officer in which judgment goes against him, he is personally liable for costs ? He is certainly liable for costs, as any other litigant' is. His position is that of an official trustee, and, like other trustees, is to be adjudged to pay costs, and has a claim on the state for re-imbursement of his proper expenditure in this behalf, just as trustees have a claim on the trust-fund they represent for re-imbursement of all proper costs of defending their trust. This matter is not provided for by statute, as it well might be. It…

2Cited by1 opinion

  1. Hammons v. WaiteArizona Supreme Court · 1926

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