§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(r); gen ch 1985]



 



Case Notes



 



  Final liability to pay costs is not determined until final
judgment.  5 H. 181.  Costs on appeal.  32 H. 426; 32 H. 430.  Allowance of
circuit court costs to party prevailing on appeal in supreme court.  43 H. 130.



  Cited:  19 H. 433, 434.