607-16

In both courts, when; set off against judgment, when

§607-16 In both courts, when; set off against judgment, when. Whenever costs are awarded to the appellant, the appellant shall be allowed to tax as part thereof, the costs in the lower court, in addition to the costs of the court appealed to. If, upon an appeal, a recovery for any debt or damages is had by one party, and costs are awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance. [CC 1859, §1014; RL 1925, §2553; RL 1935, §3802; RL 1945, §9756; RL 1955, §219-16; HRS §607-16; am L 1972, c 88, §5®; gen ch 1985]

Case Notes

Final liability to pay costs is not determined until final judgment. 5 H. 181 (1884).

Costs on appeal. 32 H. 426 (1932); 32 H. 430 (1932).

Allowance of circuit court costs to party prevailing on appeal in supreme court. 43 H. 130 (1959).

Cited: 19 H. 433, 434 (1909).