Scott's Administrators v. Cole
Scott's Administrators v. Cole
Opinion of the Court
In equity : The record contains the decree and this only. The object of the bill is not disclosed, nor the testimony upon which the decree was founded. The equities are found for defendants, and it was ordered that they pay the costs in the first instance, to be recovered by them afterward by execution against plaintiffs.
The order entitling defendants to recover the costs, to be paid by them of plaintiffs, though ever so anomalous, is not to appellants’ prejudice, and therefore needs no attention at our hands. And, while it is true as a rule that the successful party is entitled to recover his costs, this is not universally true, the court having the power, under peculiar circumstances, to adjudge otherwise. If a party therefore would show error in this respect he should in some manner disclose the facts, that we might see the
In a word, the order may haw been right. The record does not affirmatively show it was wrong, and it is therefore
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.