49 Ala. 182 | Ala. | 1873
— In this court, at the January Term thereof, in the year 1872, William R. Westcott, as appellant, obtained a judgment against William G. Waller, as appellee, for costs of appeal. Execution on this judgment was regularly issued out of this court, and returned by the sheriff of the proper county “ no property,” as appears of record in this court; and said costs being unpaid, Daniel B. Booth, the clerk of this court, issued execution in his own name, against the said Westcott, said appellant, for the costs actually created by him, said Westcott, in said cause. The said Westcott, said appellant, now comes into this court, and moves to quash said execution, so issued by said Booth, as said clerk, against said W estcott, said appellant as aforesaid, on the following grounds: “ 1. There is no authority in law, .or from the records of this court, for the issuance of the same. 2. Because the said William R. Westcott is not embraced by the statute authorizing an execution to issue against plaintiffs for costs created by them.”
Costs are given by statute. The statute law of this State, allowing “'fees in civil cases,” is as follows: “ Clerks, sheriffs, and other officers hereinafter named, are entitled to receive for
The motion to quash the execution is denied, with costs. -