45 Ala. 244 | Ala. | 1871
This is a motion to tax the county of Winston, the usee in this ease, with the costs of this appeal in this court and in the court below.
The county is a body corporate, with power to sue or be sued in any court of record in this State. — Eevised Code, § 897. It may own property and take and accept grants and conveyances for its use and ■ benefit. — Eevised Code, § 898, 899. It may also sell its property. — Eevised Code, § 899. The county may also be the usee in a suit. — Eevised Code, § 4254.
The law giving costs is in the following words : “ 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 ; and this provision is applicable in all cases in which the State is a party in civil actions as in cases of individual suitors.” — Eevised Code, § 2779. And “ when judgment is rendered against the plaintiff in any suit brought in the name of a nominal plaintiff for the use of another, judgment for costs must be rendered against the beneficiary or his personal representatives.”— Eevised Code, § 2787.
The suit upon a forfeited undertaking of bail is a civil, action. —Hatch v. The State, 40 Ala. 718; The State v. Harrison, 4 Ala. 673; Governor, use, &c., v. Knight, 8 Ala. 297.
