The Law of Costs in Civil Actions

Cover The Law of Costs in Civil Actions
The Law of Costs in Civil Actions
William Tidd
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Allow 32 ILa'to of (2tote.
allow the defendant any cofts at all ; but are bound by the ftatute to allow him fime cofts, though the quantum is left to their difcretion ''. The intention of the legiflature was, that if there be feveral matters pleaded, fome of which are found for the plaintiff, he fhall be entitled to the cofts of thofe '% not- •withftanding other matters are found for the defendant, which entitle him to judgment upon the whole record j unlefs the judge, before whom the caufe was
... tried, fliall certify, that the defend- ant had a probable caufe to plead the matters which are found againft him. That this is the true conftrudion of the llatute, will appear from the following cafes.
In trefpafsy the defendant pleaded not guilty and feveral juftifications ; upon " Barnes, 140. 2 T, R. 394, 5.
" In Sayer^s Law cf Cofts, p. 223. It is faid, he fhafl have the cofts not only of liro/e matters, but alfo of the diets, notwithftandmg they are found for the defend- ant. But this feems to be a miftake ; for the defendant, being entitled to judgment upon the matters found for him, is confe^uently entitled to the cofts of them.


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