130 Va. 523 | Va. | 1921
after making the foregoing statement, delivered the following opinion of the court:
We are of opinion that this statute embraces only costs in the trial court and that it has no reference to costs in the appellate court.
Section 3525 of the Code, so far as material, provides as follows:
“Except where otherwise provided, the party .for whom final judgment is given in an action or motion, whether he be plaintiff or defendant, shall recover his costs against the opposite party; * * *” (Italics supplied.)
With respect to costs in the appellate court, it is “otherwise provided” in section 3528 of the Code. That section is as follows:
“In every case in an appellate court costs shall be recovered in such court by the party substantially prevailing.”
Costs in the appellate court are controlled by this section.
Upon the question under consideration this is said in the brief for the defendant in error:
“So far as we are advised, there is no decision of this court which throws any light upon the subject, unless Allen’s Ex’r v. Shrieve’s Adm’r, 81 Va. 174, does * * * *” We find nothing in the opinion of the court in that case, or in its holding, contrary to the conclusion we have reached and above expressed.
The case will, therefore, be reversed, and, under section 6365 of the Code, this court will enter judgment in favor of Marion Scott against Willietta Doughty for the sum of $257.17, without interest, and for his (the said Scott’s) costs in the case in judgment, both in this court and in the court below.
Reversed and final judgment for plaintiff