Gilchrist v. Edwards

Curia, per

Wardlaw, J.
This case is very different from those which have been decided allowing costs upon issues tried in the Circuit Court, which are followed by a judgment of that court. Here was a trial before an inferior tribunal, and the 3d. Sect, of the Act of 1833, 6 Stat. 492, provides fees for the commissioner of special bail and sheriff, and directs the commisioner to issue execution for them. There is not. only a want of authority for other costs, but a strong implication that no others shall be allowed. The motion is dismissed.

O’Neall, Evans, Butler and Frost, JJ. concurred.