Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-26
COSTS IN JUSTICES CASES.

Since the REGISTER has essayed the
illimitable task OF pointing out the de
fects in our statutory laws, the press
upon US from all sources becomes too
full for utterance. But among the many
defects-or il not a defect, an abuse-oi
our laws, there is none more deserving
a passing notice than that which relates
70 taxation of costs in cases before Il JUS
tice. We refer specially to the costs
allowed-or taxed-upon issuing "sug-
gestions." A suggestion, in the
meaning OF our laws, is process which
is isued by the justice at the instance OF
a Judgment creditor, when there are
claims due the debtor in the hands oil
third parties, requiring them to appear
and answer ~ gIrnishees, and then pay
over the sum due the debtor to the IL
ouidation of the debt of the party at
whose instance the suggestion was ls-
sued.
The process is nothing more than q
summons printed in blank and directed
to the constable, stating the nature OF
the case to which the garnishee is called
TO answer, and the time and place APP
pointed for the hearing Ii is served IN
the same way as summons, and III
fact there is nothing in it different from
an ordinary summons, unless it be that
the party answers IA q garnishee instead
OF as Il witness in an ordinary civil suit.
But although there is no material
difference between a suggestion
and an ordinary summons, either as to
the trouble to the justice i'll issuing 1t or
the officer serving it, or the expense in
any manner attending it, there is very
great difference i'm the matter OF costs
taxed in the one case and the other.
We believe the costs attending the is
suing and serving summons does not
exceed forty or fifty cents each. If we
add the attendance fee OF the witness,
the whole cost will not exceed Sl.5o.
But when the summons IL this
peculiar kind called II Suggestion then
the costs taxed amounts to within five
cents of Four Dolurs on each. Verify
they are right good suggestions" es-
pecially to the Justice, hut not so good
TO the man who don't do the suggesting.
We would like to make this kind of
Suggesting" steady business. Ii
would, We think very soon suggest
the propriety Of retiring from the busy
cares OF business to a suggestive spot in
the country.
Indeed il suggests SO many
good things that We forbear to enumer-
ate-only the one supreme suggestion,
that we would like To 'be Il justice, il
only we were allowed 10 do nothing
but suggest"
But there is serious side To- the
suggesting business, which falls on the
man who pays the cost. In case
which came under our notice short
time ago, the execution on which the
suggestions" were issued amounted to
about $40, while the costs OF the 'sug-
gestion" were $50. Ii the creditor has
seen fit TO continue suggesting he might
have bankrupted the best estate in
Wheeling for the purpose of obtaining
his little debt OF $40. What an engine
of oppression and instrument of spite
such a provision OF law might be made,
and doubtless is made, we don't stop to
argue. The man who runs can read.
Nor do we stop to discuss whether it
Il law or abuse OF law. 1t is one or the
other, and ought to be tapped at its
source. 1t is either a subject needing
legislation, or an abuse OF authority
needing correction.
We incline to the opinion, without
having examined the law, that it will be
found that it contemplates only the
taxation of costs on single original
process in any one case, and on 80 many
copies thereof as may be required. A
suggestion" is species OF attachment.
When an attachment is issued, there is
but one charge for the process, however,
numerous the leyies that may be made
under it. So it should be, and doubt
less is intended to be, in suggestions"
One charge only should be made for the
original process or demand upon any
single debt, and only the additional
fees to the constable for every separate
service. We do not, as We have said,
know whether this be the law, but We
know that it should be.