The clerk shall make out a bill of costs as the same have been taxed in any cause against the party liable to pay the same and his security for costs, if any, together with his precept, directed to the sheriff of the proper county, commanding that, if the costs in the said bill of costs mentioned are not paid within thirty days after demand made therefor, he shall cause the same to be levied on the goods and chattels, lands and tenements, of the party so liable therefor, and his security, if any, named therein. Every such fee bill shall run in the name of the people, shall be under the seal of the court, and shall be returnable within ninety days from the date thereof, and the sheriff shall proceed to collect the same.
Source: R.S. p. 156, § 21. G.L. § 343. G.S. § 417. R.S. 08: § 1075. C.L. § 6591. CSA: C. 43, § 21. CRS 53: § 33-1-20. C.R.S. 1963: § 33-1-20.
ANNOTATION
A fee bill for costs runs against the party liable to pay the same and his security for costs. Shannon v. Dodge, 18 Colo. 164, 32 P. 61 (1893); Staples v. Barclay, 30 Colo. 428, 71 P. 374 (1902).
Any review must be an appeal from the judgment. The liability of the sureties was fixed by the judgment against their principal and any review of such liability must be had by an appeal from or error to such judgment, and could not be had by a motion to quash the fee bill and retax the costs and an appeal from the order denying the motion. Staples v. Barclay, 30 Colo. 428, 71 P. 374 (1902).