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· 5/21/1889

Estate of McGinn

Citations

  • 2 Coffey 313

Syllabus

<p>Costs and Counsel Fees.—Code of Civil Procedure, Section 1021, discriminates between counsel fees and costs.</p> <p>Words and Phrases.—In Defining Words and Phrases, Code of Civil Procedure, section 16, means words are construed according to the text (here of the statute) and the approved usage of the language.</p> <p>Costs—Whether Include Counsel Fees.—The probate statutes in speaking of costs mean simply the costs of the court, the expenses incidental to the proceedings in the case, apart from counsel fees.</p> <p>Will Contest—Costs and Counsel Fees.—Counsel fees in a will contest have no proper place in a bill of costs, and may be stricken out on motion.</p>

Judges: Coffey

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