Skinner v. Jones

Citations

• 5 Scam. 192

Syllabus

<p>Error to Cook.</p> <p>1. Costs — recovery of. Before a plaintiff is entitled to recover costs from a party he summons into court he must show that he had a cause of action against him at the time of the institution of the suit, and that it still subsists. If between the commencement of the suit and the trial he voluntarily releases his cause of action, his right to recover costs is gone.</p> <p>2. Same — on sci. fa. Where a judgment is rendered against two of three defendants, and a scire facias issued to make the third a party to the judgment, if the sheriff collects the amount of the execution the dent is extinguished, and the costs upon the scire facias must be paid by the plaintiff.</p>