Eads v. Couse

Citations

• 35 Ill. 534

Syllabus

<p>1. Costs op successful pabtt—by what process. A fee-bill cannot issue against the unsuccessful party in a suit for the costs made by the successful party, and for which the latter has obtained a judgment. The only mode by which the successful party can recover his costs is by an execution.</p> <p>2. Fee-bill —for what costs it may be issued. A fee-bill may be issued against a party to collect the costs due from him to the officers of court, &c., without regard to the result of the suit; but the clerk has no authority to issue that kind of process to enforce a final judgment.</p> <p>3. Vom process —proceedings under it void. If a fee-bill should be improperly issued against the unsuccessful party for costs made by the successful party, it is void, and all proceedings under it are without authority.</p>