Stanley Matthews

“ Ordinarily, by the long established practice and universally recognized rule of the common law, in actions at law, the prevailing party is entitled to recover a judgment for costs, the exception being that where there is no jurisdiction in the court to determine the litigation, the cause must be dismissed for that reason, and, as the court can render no judgment for or against either party, it cannot render a judgment even for costs. ”

“ The course of the court is, when no motion is made by either party, on its own motion, to reverse such a judgment for want of jurisdiction, not only in cases where it is shown, negatively, by a plea to the jurisdiction, that jurisdiction does not exist, but even when it does not appear, affirmatively, that it does exist. ”

“ That in cases of reversal, costs do not go, of course, but in all cases of affirmance they do; and that when a judgment is reversed for want of jurisdiction, it must be without costs.' No formal rule of the court covers the case of a reversal on that ground, although paragraph 3 of rule 24, which provides that 'in cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court,' leaves room for the exercise of discretion in its application to such cases. ”