What is COSTS?

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. Apperson v. insurance Co., 38 N. J. Law, 388; Stevens v. Bank, 168 N. Y. 560, 60. N. E. 904; Bennett v. Kroth, 37 Kan. 235, 15 Pac. 221, 1 Am. St. Rep. 248; Chase v. De Wolf, 69 111. 49; Noyes v. State, 46 Wis. 250, 1 N. W. 1, 32 Am. Rep. 710. 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 oflicer 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 oihcer performed services for him, he had a personal demand for his fees. Musser v. Good, 11 Serg. & It. (Pa.) 247. There is in our statute a manifest difference between costs and fees in another respect. Costs are an allowance to a party for the expenses incurred in prosecuting or defending a suit,

More On This Topic



Link to This Definition
Did you find this definition of COSTS helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary