Church v. Clarke
Superior Court of New Hampshire
Motion to limit costs. The action was assumpsit upon an account annexed to the writ, containing numerous items, one of which was for the wool of nine sheep, $5. The claims were submitted to an auditor, who allowed the item for wool, and disallowed all the others, on the ground that the parties had settled them before the commencement of the suit.
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Motion to limit costs. The action was assumpsit upon an account annexed to the writ, containing numerous items, one of which was for the wool of nine sheep, $5. The claims were submitted to an auditor, who allowed the item for wool, and disallowed all the others, on the ground that the parties had settled them before the commencement of the suit. The auditor states that a great amount of conflicting testimony was put in, both in regard to the accounts between the parties and in regard to the transaction claimed by the defendant as a final settlement. The auditor was. of opinion, and so found,…
1Opinion of the CourtEastman, J.
In all actions commenced in the court of common pleas, if it appears that the plaintiff had no reasonable expectation of recovering more than thirteen dollars *368and thirty-three cents, the court may limit the costs to such sum as they think reasonable. Rev. Stat. chap. 191 § 6.
Under this provision of the statute, it is the ordinary practice of the court to limit the costs in actions commenced in the common pleas, whenever it shall appear that the plaintiff had no reasonable expectation of recovering more than $13.33; and usually the limitation is to the amount of costs recoverable before a…
2Cases cited8 opinions
- Grafton Bank v. FlandersSuperior Court of New Hampshire · 1827
- Pickering v. ColemanSuperior Court of New Hampshire · 1841
- Pritchard v. AtkinsonSuperior Court of New Hampshire · 1828
- Ames v. CadySuperior Court of New Hampshire · 1832
- Brown v. MathesSuperior Court of New Hampshire · 1830
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