WELL v. JACKSON

WELL v. JACKSON. Present....M the Judges. Eaeu party ^’■eto the Court for tte —----- f esdivuohím tyTespetave-" iy.' CALDWELL, the clerk of this Court, obtained a ru|e against Jackson,to show cause why an attachment should not issue for toon-payment of his fees in the suit of Winchester against Jackson, which had been disjnissed on tlie motion of Jackson, "w#h posts, at a former term. A copy of the recordis not'a part of g be3 recovery-by oric party against the other; but the party, whorcpy68^^6™ thé clerk for ' Mixnor, now shewed cause, and contended, that Jackson was not liable to the clerk for' his fees, inasmuch as Jackson was the Defendant in error, and the writ of error had- been dismissed with costs. The clérk must look to thePlaintiff in error for all the costs.. The bill, which had been rendered, included the expense of a copy of the record, which is not regularly taxable as costs, and therefore the non-payment of that charge can lie no ground for an attachment. Düvaix, J. In Maryland, each party pays to the clerk his own fees,• that is, the fees for those services which the clerk has .performed for him; and the suecessful party recovers them.' from ills antagonist. either party requires a copy of the record he must pay for it, as for any other service performed,’ but it is not a part of the costs which are to be taxed against the other party, as costs of suit. March 13th.... All the Judges being present, [MAJORITY — Marshall, Ch. J.] Marshall, Ch. J. stated the opinion of the Court to be, that each party was liable to the clerk for his fees for services performed for such party •, and it is immaterial to the clerk which party recovers judgment. Rule absolute.