Lockart v. Stuckler

Citations

• 49 Tex. 765

Syllabus

<p>1. Retaxing costs —Injunction.—An injunction suit, by a defendant in execution, brought against the district clerk and the plaintiff to restrain the collection of an execution for costs, on the alleged illegality of some of the items in the bill of costs, is in effect but a motion to re tax the costs, and should be treated on the hearing as such.</p> <p>2. Same.—It was improper to enjoin items in such costs bill against which there was no complaint.</p> <p>3. Auditor.—It was improper in such case for the court to appoint an auditor to retax the costs. It was the duty of the court, on motion, to retax the costs.</p> <p>4. Damages.—It was error to render judgment, on the dissolution of such injunction, for damages.</p> <p>5. Interest not allowed on costs.—So, also, it was error to render judgment for interest. Costs do not bear interest, and the judgment dissolving the injunction does not alter the relation of the parties.</p>