1 Wright 87
Decided August 15, 1832
Ohio Supreme Court · decided 1832-08-15
<p>Costs ordered to be paid by a party on obtaining leave to amend his pleadings, should not be afterwards taxed and included in the final judgment — if they have been, and paid, the court will order a retaxation, and they may be recovered back.</p> <p>Costs ordered to be paid in the progress of a cause, are to be collected by process of attachment, not by judgment and execution at the will of the clerk.</p>
Decided 1832-08-15
¶1A retaxation is ordered, and the clerk is directed to strike the $23.20, ordered to be paid by defendant, out of the bill; it was improperly included in it, and the plaintiff having paid it, will have a right to recover it back again.
¶2Where costs are taxed in the progress of a cause, and ordered to be paid, they may be collected by process of attachment — not by judgment and execution, at the will of the clerk.