A Treatise On the Law of Court Practice And Procedure Civil And Criminal And P

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A Treatise On the Law of Court Practice And Procedure Civil And Criminal And P
Edgar B Edgar Benton Kinkead
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Butler v. Kneeland, 23 O. S. 196. « State ex rcl ?'. Davis, 18 O. C. C.
* Code, sec. 5351. 479. ^ Rabb's Estate, 16 O. S. 274, 27S. -'R. S.. Sec. 1319.
544 C'^'f'- t§§ ^50, 851 and where they are so included, the judgment, as to such costs, may be reversed. ^ Judgment then, is only entered for the costs which the pre- vailing party has incurred to secure his rights ; the statute does not in terms say that the costs of the defeated party are to be carried into the judgment, but into "the record,
... or docket entry. " The right to recover a judgment for costs is not given to the successful party, because he has paid the taxable fees which were earned at his instance, or because he is supposed to have paid them, but because he is liable to pay them at the suit of those who earned them, if he has not in fact done so. The judgment is given for the purpose of reimbursement to the extent he may have paid fees, and for the purpose of indemnity to the extent he may be liable to pay them in the future.^ Where the amount of costs in the judgment is left blank, and afterward taxed by the clerk, a sale made under the judg- ment is not thereby rendered void.^ The judgment for costs draws interest from the date of the original judgment to the time of recovery.

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