Citations

Full opinion text

SPEER, J.

This is a motion by defendants in error seeking to have the costs retaxed and adjudged against the plaintiff in error. In the motion it is stated that the costs “of all the courts” had been awarded against defendants in error. This is a mistake. The judgment entered in this court awarded the costs of the Court of Civil Appeals and of this court against the defendants in error, but it in no wise disturbed the judgment of the trial court with respect to costs; but on the contrary, it affirmed the judgment of that court for a recovery.

With respect to the costs of appeal and error, article 2065 of our Statutes, which it is claimed our order has violated, is as follows:

“When a case is appealed, if the judgment