Hyer's Executors v. Caro's

Citations

• 18 Fla. 694

Syllabus

<p>1. The Clerk in taxing costs in a cause to be entered in judgment is required to tax only such items of costs and disbursements as are duly proved by the party demanding the same, or may appear in the records and files of the court, and it is not an error or misprision of the Clerk to omit to tax and enter in judgment items not so demanded and proved.</p> <p>2. ' In such case, after judgment entered and the term passed, the judgment cannot be opened and amended by inserting and including other costs to -which the party may have been entitled, if they had been demanded and duly proved before judgment.</p> <p>3. Under the Code it was necessary for the party demanding thé taxation of costs and disbursements to serve and file an itemized statesment thereof.</p>