Tillman v. Wood
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before the Hon. Jonathan HARALSON. Tbis suit was originally brought before a justice of the peace by the appellee, probate judge of Dallas county, to recover fifty cents of the appellant, for a certificate of a deed, duly recorded by said probate judge, under § 2148 of the Code of 1876. There was no dispute about the facts.
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Appeal from City Court of Selma. Tried before the Hon. Jonathan HARALSON. Tbis suit was originally brought before a justice of the peace by the appellee, probate judge of Dallas county, to recover fifty cents of the appellant, for a certificate of a deed, duly recorded by said probate judge, under § 2148 of the Code of 1876. There was no dispute about the facts. The case was taken to the City Court of Selma, where judgment was rendered against appellant for the amount claimed. Said judgment is now assigned as error.
1Opinion of the CourtBbickell, C. J.
The rule of statutory construction is well settled, that statutes giving costs are not to be extended beyond their letter, but strictly construed, for the reason that costs are in the nature of a penalty.— Thompson v. Farr, 1 Rich. Law, 4; Lee v. Singley, 16 Ala. 773; Dent v. State, 42 Ala. 514; Sedg. Stat. & Const. Law, 307. Costs and fees were originally altogether different in their nature. The one is an allowance to a party for expenses incurred in prosecuting or defending a suit; the other, a compensation to an officer for services rendered in the progress of a cause. Therefore, while an…
2Cases cited3 opinions
- Dent & Magruder v. StateSupreme Court of Alabama · 1868
- Dubose v. YoungSupreme Court of Alabama · 1846
- Lee v. SmyleySupreme Court of Alabama · 1849
3Cited by27 opinions
- People v. GouldingMichigan Supreme Court · 1936
- Bradley v. StateSupreme Court of Alabama · 1881
- Troup v. Morgan CountySupreme Court of Alabama · 1895
- McClain v. Continental Supply Co.Supreme Court of Oklahoma · 1917
- Landis v. Lincoln CountyOregon Supreme Court · 1897
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