| slovo | definícia |
TAXING COSTS
(bouvier) | TAXING COSTS, practice. The act by which it is ascertained to what costs a
party is entitled.
2. It is a rule that the jury must assess the damages and costs
separately, so that it may appear to the court that the costs were not
considered, in the damages; and when the jury give costs in an amount
insufficient to answer the costs of the suit, the plaintiff may pray that
the officer may tax the costs, and such taxation is inserted in the
judgment: this is said to be done ex assensu of the plaintiff, because at
his prayer. Bac. Ab. Costs, K. The costs are taxed in the first instance, by
the prothonotary or clerk of the court. See 2 Wend. R. 244; 1 Cowen, R. 591;
7 Cowen, R. 412; 2 Yerg. R. 245, 310; 6. Yerg. R. 412; Harp. R. 326; 1 Pick.
R. 211; 10 Mass. R. 26; 16 Mass. R. 370. A bill of costs having been once
submitted to such an officer for taxation, cannot be withdrawn from him and
referred to another. 2 Wend. R. 252.
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