What is COSTS? Definition of COSTS in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prosecuting or defending a suit or a distinct proceeding within a suit. Stevens v. Bank, 168 N.Y. 560, 61 N.E. 904; Bennett v. Kroth, 37 Kan. 235, 15 P. 221, 1 Am.St.Rep. 248; Pezel v. Yerex, 56 Cal.App. 304, 205 P. 475, 478; In re Leary's Estate, 172 Misc. 286, 14 N.Y.S. 2d 960, 961.
Expenses pending suit as allowed or taxed by the court. Jones v. Adkins, 170 Ark. 288, 280 S.W. 389, 394.
Fees and charges required by law to be paid to the courts or some of their officers, the amount of which is fixed by law. Blair v. BrownstoneOil & Refining Co., 20 Cal.App. 316, 128 P. 1022.
Costs and fees were originally altogether different in their nature. The one is an allowance to a party for expenses incurred in prosecuting or defending a suit; the other, a compensation to an officer for services rendered in the progress of a cause. Therefore, while an executor or administrator was not personally liable to his adversary for costs, yet, if at his instance an officer performed services for him, he had a personal demand for his fees. Musser v. Good, 11 Serg. & R., Pa., 247. Moreover, costs are an incident to the judgment; fees are compensation to public officers for services rendered individuals not in the course of litigation. Tillman v. Wood, 58 Ala. 579.
In Georgia, however, it is held that "costs," include all charges fixed by statute as compensation for services rendered by officers of the court in the progress of the cause. Welton. County v. Dean, 23 Ga.App. 97, 97 S.E. 561, 562.
There is no general or controlling provision or principle of law to the effect that attorney fees that may by statute be recovered by the winning party against the losing party in a suit or action are, or should be regarded as, costs in the case. "Costs" do not include attorney fees unless such fees are by a statute denominated costs or are by statute allowed to be recovered as costs in the case. State ex rel. Royal Ins. Co. v. Barrs, 87 Fla. 168, 99 So. 668, 669; McRostie v. City of Owatonna, 152 Minn. 63, 188 N.W. 52, 54; Littlefield v. Scott, Tex.Civ.App., 244 S.W. 824, 826; Calman v. Cox, Mo.App., 296 S.W. 845, 846; City of Los Angeles v. Abbott, 217 Cal. 184, 17 P.2d 993, 996.
But the word "costs" is frequently understood as including attorney fees. McClain v. Continental Supply Co., 66 Okl. 225, 168 P. 815, 817; Livesley v. Strauss, 104 Or. 356, 207 P. 1095; Lonoke County v. Reed, 122 Ark. 111, 182 S.W. 563, 564; J. I. Case Plow Works v. J. I. Case Threshing Mach. Co., 162 Wis. 185, 155 N.W. 128, 138.
In England, the term "costs" is also used to designate the charges which an attorney or solidi-, tor is entitled to make and recover from his client, as his remuneration for professional services,, such as legal advice, attendances, drafting and copying documents, conducting legal proceedings, etc.
Bill of Costs. A certified, itemized statement of the amount of costs in an action or suit.
Certificate for Costs. In English practice, a certificate or memorandum drawn up and signed by the judge before whom a case was tried, setting out certain facts, the existence of which must be thus proved before the party is entitled, under the statutes, to recover costs.
Cost Bond, or Bond for Costs. A bond given by a party to an action to secure the eventual payment of such costs as may be awarded against him.
Costs de Incremento. Increased costs, costs of increase. Costs adjudged by the court in addition to those assessed by the jury. Day v. Wood worth, 13 How. 372, 14 L.Ed. 181.
Those extra expenses incurred which do not appear on the face of the proceedings, such as witnesses' expenses, fees to counsel, attendances, court fees, etc. Wharton.
Costs cf the Day. Costs which are incurred in preparing for the trial of a cause on a specified day, consisting of witnesses' fees, and other fees of attendance. Archb.N.Prac. 281; Ad.Eq. 343.
Costs to Abide Event. When an order is made by an appellate court reversing a judgment, with "costs to abide the event," the costs intended by the order include those of the appeal, so that, if the appellee is finally successful, he is entitled to tax the costs of the appeal. First Nat. Bank v. Fourth Nat. Bank, 84 N.Y. 469; Casualty Co. of America v. A. L. Swett Electric Light & Power Co., 121 Misc. 268, 200 N.Y.S. 79,6, 801.
Double Costs. The ordinary single costs of suit, and onehalf of that amount in addition. 2 Tidd, Pr. 987. "Double" is not used here in its ordinary sense of "twice" the amount. Van Aulen v. Decker, 2 N.J.Law, 108; Gilbert v. Kennedy, 22 Mich. 19. But see Moran v. Hudson, 34 N.J.Law, 531. These costs are now abolished in England by St. 5 & 6 Vict. c. 97. Wharton,
Final Costs. Such costs as are to be paid at the end of the suit; costs, the liability for which depends upon the final result of the litigation. Good year v. Sawyer, C.C.Tenn., 17 F. 8.
Interlocutory Costs. In practice. Costs accruing upon proceedings in the intermediate stages of a cause, as distinguished from final costs; such as the costs of motions. 3 Chit.Gen.Pr. 597; Goodyear v. Sawyer, C.C.Tenn., 17 F. 6.
Security for Costs. In practice. A security which a defendant in an action may require of a plaintiff who does not reside within the jurisdiction of the court, for the payment of such costs as may be awarded to the defendant. 1 Tidd, Pr. 534. Ex parte Louisville & N. R. Co., 124 Ala. 547, 27So. 239.
Treble Costs. A rate of costs given in certain actions, consisting, according to its technical import, of the common costs, half of these, and half of the latter. 2 Tidd, Pr. 988. The word "treble," in this application, is not understood in its literal sense of thrice the amount of single costs, but signifies merely the addition together of the three sums fixed as above. Id. Treble costs have been abolished in England, by St. 5 & 6 Vict. c. 97. In American law. In Pennsylvania and New Jersey the rule is different. When an act of assembly gives treble costs, the party is allowed three times the usual costs, with the exception that the fees of the officers are not to be trebled when they are not regularly or usually payable by the defendant. Shoemaker v. Nesbit, 2 Rawle, Pa., 203; Welsh v. Anthony, 16 Pa. 256; Mairs v. Sparks, 5 N.J.Law, 516.
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