87 Vt. 454 | Vt. | 1914
This was a hearing had in county court on a writ of habeas corpus, which resulted in an order remanding the relator. The sufficiency of the findings to justify this action is the matter mainly briefed; but there was no exception to the judgment. The custodians of the relator claimed costs, and on these being disallowed by the clerk they appealed to the court. The county court affirmed the disallowance, and the case is here on exceptions to this judgment.
It is only by force of our statutes that costs are ever taxed and allowed. Tyler v. Frost, 48 Vt. 486; Ripley v. Griggs, 52 Vt. 462. No provision, specifically giving costs in habeas corpus proceedings has been pointed out by counsel, and we know of none. P. S. 6234, which provides that “there shall be taxed in the bill of costs to the recovering party in the county or
Judgment affirmed.