Gulf & S. I. R. v. Mitchell

Citations

• 112 Miss. 560
• 73 So. 577

Syllabus

<p>1. Costs. Jury tax. Statutes.</p> <p>A jury tax of three dollars is a part of the cost of a case under Code 1906, section 700, so providing.</p> <p>2. Cost. LiaMlity of successful party. Jury tax. Statutes.</p> <p>Under Code 1906,' section 954, making a successful defendant liable for all cost accrued at his instance, and not paid or collected from the other party where no property of plaintiff could be found, a successful defendant is liable for the jury tax of three dollars imposed by section 700 of the Code, since such tax is only imposed where a plea is filed and the defendant by his affirmative act in filing a plea causes the cost to accrue.</p>