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Clingman v. Kemp
57 Ala. 195
Ala.
1876
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STONE, J.

The Revised Code, § 2779, declares that “ the successful party in all civil actions is entitled to full costs, for which judgment must be rendered, unless in cases-' otherwise directed by law.77

In Bump on Bankruptcy, 9th ed. 82, it is said: “If a judgment was recovered before the proceedings in bankruptcy, the costs constitute a part of the debt, and may be proved."—See Ex parte O’Neil, 1 B. R. 677; Graham v. Pierson, 6 Hill 247.

We hold that costs adjudged in a civil suit constitute a debt within the provision of section one of the act “ to regulate property exempted from sale for the payment of debts/7-approved April 23,1873, Pamph. Acts, 64.

Judgment affirmed.

Case Details

Case Name: Clingman v. Kemp
Court Name: Supreme Court of Alabama
Date Published: Dec 15, 1876
Citation: 57 Ala. 195
Court Abbreviation: Ala.
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