353 A.2d 796 | Conn. Super. Ct. | 1975
Upon the refusal of the clerk of this court to tax costs for the defendant in the amount of $125, he has filed the instant appeal. Although it has been held that no appeal lies from such a refusal; Rose Gordan v. New Haven,
The statute giving a right to costs in general terms will not be construed to include an award against the state. The state is vested with immunity from legal process, mesne or final, which at common law belongs to the king, and there would be no power in the court to enforce its decree. State v. Anderson,
The state cannot be sued without its consent. The state is not included under general words in a statute and pays no costs. State v. Shelton,
The state cannot be made a party defendant without its consent, but if the state itself invokes the jurisdiction of the court to secure affirmative relief, it subjects itself to any proper cross demand involved in the subject matter of the action. Reilly
v. State,
It was held in Winchester v. Cox,
If the institution of the suit seeking affirmative relief by the state waives its right not to be sued in a counterclaim and subjects it to damages, a fortiori it should also be considered to have waived its right to immunity from costs.
The appeal of the defendant from the denial of costs is therefore sustained.