Lee v. Smyley
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Tried before the Hon. Jos. W. Lesesne, chancellor. The defendant in error filed a bill against the plaintiffs in error, and, after two of them had separately answered, dismissed it. The register in the bill of costs taxed the defendant in error with two solicitor’s fees, and the defendant thereupon moved the chancellor for a re-taxation of the costs.
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Appeal from the Chancery Court of Lowndes. Tried before the Hon. Jos. W. Lesesne, chancellor. The defendant in error filed a bill against the plaintiffs in error, and, after two of them had separately answered, dismissed it. The register in the bill of costs taxed the defendant in error with two solicitor’s fees, and the defendant thereupon moved the chancellor for a re-taxation of the costs. The chancellor granted the motion, and ordered the register to tax the defendant with but one fee. From this order the plaintiffs in error appealed and now assign it as error. It is contended that each…
1Opinion of the CourtChilton, J.
The statute declares that the law of costs shall be deemed and held as penal, and no fees shall be taken but in cases expressly provided for by law. — Digest, 239, §12. This is a sufficient indication of the Legislative intention, that the several statutes confering fees and allowing them to be taxed in the bill of costs must be strictly construed.
The act of 1812 allows to counsellors and attorneys at law, for prosecuting or defending a suit in chancery, the sum of fifteen dollars, which, by the act of 1815, is to be recovered by the party prevailing in the suit, against the party cast. —…
2Cited by7 opinions
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- City Council v. FosterSupreme Court of Alabama · 1875
- Kahn v. LockeSupreme Court of Alabama · 1883
- State Ex Rel. Morgan County v. NorwoodSupreme Court of Alabama · 1946
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