State v. Borg
| Decision Date | 03 February 1931 |
| Citation | 153 A. 374 |
| Parties | STATE v. BORG et al. |
| Court | New Jersey Supreme Court |
Action between the State and John Borg and another. On motion to tax costs. Motion refused.
See, also, 150 A. 189, 8 N. J. Misc. R. 349; 151 A. 909, 8 N. J. Misc. R. 705; 152 A. 788, 9 N. J. Misc. R. 59.
Argued before PARKER, CAMPBELL, and BODINE, JJ.
Carey & Lane, of Jersey City, for the application.
The right to costs in a law action depends upon statute. 15 Corpus Juris, 21; New Jersey Digest, title "Costs," § 2.
Chapter 111, P. L. 1927, p. 204, provides that the prevailing party "in any action * * * in the Supreme Court * * * shall be entitled to costs, except where otherwise provided by law. * * *" Section 1.
Section 242 of chapter 247, P. L. 1903, p. 599 (3 Comp. St. 1910, p. 4126), provides: "In actions brought by the state * * * the state * * * shall recover costs as any other plaintiff; but if the * * * judgment shall pass against the plaintiff, the defendant shall not recover any costs against such plaintiff." This provision of law was not repealed by chapter 231 of the laws of 1912 (P. L. p. 377), and seems to be controlling. However, unless the Legislature provided by express enactment that costs should run against the state in criminal cases, we know of no way by which costs could be taxed. Therefore, the legislative prohibition seems unnecessary but confirmatory of our judgment that no costs in this matter can be allowed.
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State v. Welch, A--7
...costs would run against the State in favor of a defendant in a criminal case in the absence of a specific statute. State v. Borg, 9 N.J.Misc. 261, 153 A. 374 (Sup.Ct. 1931); 20 Am.Jur.2d, Costs, § 107 (1965); and, see N.J.S. 2A:15--60, N.J.S.A. (In 1956 the Legislature granted limited autho......
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State v. Kohns
...State is not liable for costs incurred in criminal prosecutions. 20 Am.Jur.2d, Costs, § 107 at 83 (1965). See also State v. Borg, 9 N.J.Misc. 261, 153 A. 374 (Sup.Ct.1931). We find R. 3:23--8(e), cited by defendant, to be Affirmed. ...