Wall v. Covington

No part of the costs of an action can be taxed against the party recovering judgment. Therefore, when the plaintiffs recovered judgment in the Court below and it was ordered that an allowance be made to the Clerk for stating an account, one half to be paid by the plaintiffs and the other half by the-defendants ; Held, to be error.

Practice — Taxation of Costs -- Fees of Referees. Civil ActioN, on an Administrator’s Bond, tried-at Fall. Term, 1876, of Richmond Superior Court, before Burches, J. The facts are substantially as follows : One John P. Cov-ington died in Richmond County in 1857, leaving the plaintiffs Virginia Covington, (now Stewart,) 11. B. Covington and John P. Covington (a minor) his heirs at law and distribu-tees. Soon after his death, the defendant James A. Coving-Ton was appointed aud qualified as his administrator and executed a'bond with one John W. Leak (testator of the other defendant) as surety. This suit was brought on said, bond by Wall and Leak Executors of one Mial Wall, (who was the former guardian of the children of said John P.'Covington deceased) and the other plaintiffs'above named. An order was made in the case, directing D. Stewart the-Clerk of said Court to state an account, which was subsequently returned and confirmed and judgment entered accordingly in favor of the plaintiffs. It was further ordered that said Clerk be allowed $250 for stating said account, one half to be paid by defendants and the other half by plaintiffs. The plaintiffs insisted that they were not chargeable with any part of the costs, and that said allowance should therefore be taxed against defendants. His Honor ruled otherwise and the plaintiffs appealed.