Smith v. Smith

The law governing this case is stated in Rogers v. Clough, 76 N. H. 272, 274. “If it were not for this order, the defendants’ recovery would be limited to their taxable costs. On the other hand, procuring the injunction bound the plaintiffs to comply with the conditions on which it was issued. Consequently the order limits both the amount the defendants can recover and the items of expense which are chargeable to the plaintiffs. In other words, the amount the defendants can recover in excess of their taxable costs and the items which compose it both depend on the terms of the order.”

It being…