State v. Chadwick ( 1916 )

Hallam, J.

(dissenting).

I agree with Justice Holt.

On July 7, 1916, the following opinion was filed:

Per Curiam.

In proceedings for the collection of an inheritance, the state acts in its governmental capacity, not in its proprietary interest, and is not liable for costs or disbursements when the proceeding fails. The clerk’s taxation of costs against the state in this proceeding is therefore reversed.