§ 12-19-54 — Proceedings for Retaxation of Excessive Costs in Probate Courts

(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred. This section shall apply to costs taxed in probate courts in all cases and proceedings where such courts have jurisdiction, and any aggrieved party to any case or proceeding may move the circuit court in the county where such case or proceeding is pending for a retaxation of such costs, setting forth the particulars wherein such probate court costs were improperly taxed. Such motion may be heard on five days’ notice to the officers or persons claiming said fees or costs, and the same shall be passed on by the judge as other motions are heard and passed upon. From a judgment or order refusing or granting any motion made under this section, an appeal lies to the Supreme Court as in other cases.
(b) If execution has issued in any such case, the party complaining thereof, or his attorney, may file a written application with the clerk, which must be spread upon the motion docket, for a retaxation of the costs, setting forth in what the alleged error consists, and the clerk must issue an order to the sheriff directing him to abstain from the collection of the disputed items of cost until the further order of the court on said application for a retaxation thereof.

Legislative History

(Code 1852, §§2394, 2395; Code 1867, §§2799, 2800; Code 1876, §§3146, 3157; Code 1886, §§2855, 2856; Code 1896, §§1344, 1345; Code 1907, §§3684, 3685; Acts 1911, No. 83, p. 90; Code 1923, §§7247, 7248; Code 1940, T. 11, §§77, 78.)