Documentation of a Digital Spatial Data Base for Hydrologic Investigations, Broward County, Florida

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... of the Court was so. Certainly, however, that was not the present course of the Court. Where there is a fair case for consideration, it is not the course to visit the party who fails with costs. When this Statute speaks of the discretion of the Chancellor, it must not be supposed that Courts of Equity, even in England, are not governed by definite principles in awarding costs or otherwise, but only that there is no inflexible rule as to costs, as at common law, see Clagett v. Salmon, 5 G. & J. 314. The inclination of our courts is to make costs follow the event of the suit, see Alexander s Chan. Prac. 208; 5 Md. 614, Append. Doub v. Mason; Thomas Admr. v. Visitors of Fredk. Co. School, 9 G. & J. 115.5 And prima facie, 1A person under attachment for violating an injunction, on establishing his innocence of the charge, shall have his costs against the person complaining. Code 1911, Art. 16, sec. 80. Under Equity Rule.13 unnecessary recitals of documents, and impertinent, scandalous and irrelevant matter in equity pleadings may be stricken out at the cost of the party inserting the same. Code 1911, Art. 16, sec. 153. Where a bill is found defective for want of parties upon hearing on this objection, plaintiff may amend upon paying cost of the amendment. Equity Rule 35, (Code 1911, Art. 16, sec. 185). 2 Code 1911, Art. 16, sec. 180. 3 But see now Equity Rule 24, (Code 1911, Art. 16, sec. 165.) 4 Code 1911, Art. 16, sec. 163. The costs in such cases are confined to those accruing on the demurrer. Dennison v. Yost, 61 Md. 139; Dennison v. Wantz, 61 Md. 143; Trego v. Skinner, 42 Md. 426. A defendant may appeal from an order overruling his demurrer, although he has not paid the $10.00 and costs. Stinson...