Costs definition

Costs





Home | Index


We love those sites:

2 definitions found

From WordNet (r) 2.0 [wn]:

  costs
       n : pecuniary reimbursement to the winning party for the
           expenses of litigation

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:



  COSTS, practice. The expenses of a suit or action which may be recovered by 
  law from the losing party. 
       2. At common law, neither the plaintiff nor the defendant could recover 
  costs eonomine; but in all actions in which damages were recoverable, the 
  plaintiff, in effect, recovered his costs when he obtained a verdict, for 
  the jury always computed them in the damages. When the defendant obtained a 
  verdict, or the plaintiff became non-suit, the former was wholly without 
  remedy for any expenses he had incurred. It is true, the plaintiff was 
  amerced pro falso clamore suo, but the amercement was given to the king. 
  Hull on Costs, 2 2 Arch. Pr. 281. 
       3. This defect was afterwards corrected by the statute of Gloucester, 6 
  Ed. I, c. 1, by which it is enacted that "the demandant in assise of novel 
  disseisin, in writs of mort d'ancestor, cosinage, aiel and be sail, shall 
  have damages. And the demandant shall have the costs of the writ purchased, 
  together with damages, and this act shall hold place in all cases where the 
  party recovers damages, and every person shall render damages where land is 
  recovered against him upon his own intrusion, or his own act." About forty-
  six years after the passing of this statute, costs were for the first time 
  allowed in France, by an ordinance of Charles le Bel, (January, 1324.) See 
  Hardw. Cas. 356; 2 Inst. 283, 288 2 Loisel, Coutumes, 328-9. 
       4. The statute of Gloucester has been adopted, substantially, in all 
  the United States. Though it speaks of the costs of the writ only, it has, 
  by construction, been extended to the costs of the suit generally. The costs 
  which are recovered under it are such as shall be allowed by the master or 
  prothonotary upon taxation, and not those expenses which the. plaintiff may 
  have. incurred for himself, or the extraordinary fees he may have paid 
  counsel, or for the loss of his time. 2 Sell. Pr. 429. 
       5. Costs are single, when the party receives the same amount he has 
  expended, to be ascertained by taxation; double, vide Double costs. and 
  treble, vide Treble costs. Vide, generally, Bouv. Inst. Index, h.t.; 
  Hullock on Costs; Sayer's Law of Costs; Tidd's Pr. c. 40; 2 Sell. Pr. c. 19; 
  Archb. Pr. Index, h.t.; Bac. Ab. h.t.; Com. Dig. h.t.; 6 Vin. Ab. 321; 
  Grah. Pr. c. 23 Chit. Pr. h.t. 1 Salk. 207 1 Supp. to Ves. jr. 109; Amer. 
  Dig. h.t.; Dane's Ab. h.t.; Harr. Dig. h.t. As to the liability of 
  executors and administrators for costs, see 1, Chit. R. 628, note; 18 E. C. 
  L. R. 185; 2 Bay's R. 166, 399; 1 Wash. R. 138; 2 Hen. & Munf. 361, 369; 4 
  John. R. 190; 8 John. R. 389; 2 John. Ca. 209. As to costs in actions qui 
  tam, see Esp. on Pen. Act. 154 to 165. 
  
  

















Powered by Blog Dictionary [BlogDict]
Kindly supported by Vaffle Invitation Code Get a Freelance Job - Outsource Your Projects | Threadless Coupon
All rights reserved. (2008-2024)