Clingman v. Kemp

57 Ala. 195

• Court: Supreme Court of Alabama
• Decided: December 15, 1876
• Status: Published

Opinion

STONE, J.

The Revised Code, § 2779, declares that “ the successful party in all civil actions is entitled to full costs, for which judgment must be rendered, unless in cases-' otherwise directed by law.77

In Bump on Bankruptcy, 9th ed. 82, it is said: “If a judgment was recovered before the proceedings in bankruptcy, the costs constitute a part of the debt, and may be proved."—See Ex parte O’Neil, 1 B. R. 677; Graham v. Pierson, 6 Hill 247.

We hold that costs adjudged in a civil suit constitute a debt within the provision of section one of the act “ to regulate property exempted from sale for the payment of debts/7-approved April 23,1873, Pamph. Acts, 64.

Judgment affirmed.