§ 20-12-117. Taxation Between Defendants
The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant’s benefit. Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 4952; […]
§ 20-12-118. Cases Not Expressly Covered
If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right. Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.
§ 20-12-119. Discretion of Judge
In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost. In doing so, the presiding judge shall be authorized, in the presiding judge’s discretion, to apportion the cost between the litigants, as in the presiding judge’s opinion the […]
§ 20-12-120. Security Given by Plaintiff
No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party’s action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances […]
§ 20-12-121. Failure to Take Security
Any clerk who neglects to take the security required by § 20-12-120 is liable on the clerk’s official bond to all persons aggrieved by the neglect. Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3); Shan., § 4924; Code 1932, § 9076; T.C.A. (orig. ed.), § 20-1623.
§ 20-12-122. Actions Commenced by Petition or Motion
In any action commenced by petition or motion, the plaintiff may be required to give security. Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1); Shan., § 4925; Code 1932, § 9077; T.C.A. (orig. ed.), § 20-1624.
§ 20-12-107. Omitted Costs
Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days’ notice of the application. Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § […]
§ 20-12-108. Correction of Erroneous Taxation
If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk […]
§ 20-12-109. Charged Against Real Plaintiff
Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given. Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1; 1825, ch. 45, § 5); Shan., § 4941; Code […]
§ 20-12-110. Dismissal, Abatement or Discontinuance
In cases of nonsuit, dismissal, abatement by death of plaintiff or discontinuance, the defendant is the successful party, within the meaning of § 20-12-101. Code 1858, § 3201 (deriv. Acts 1794, ch. 1, § 74); Shan., § 4942; Code 1932, § 9095; T.C.A. (orig. ed.), § 20-1610.