Ilsley v. Knight
Massachusetts Supreme Judicial Court
This was a petition by the administratrix for the review of an action, in which a judgment was rendered in the Court of Common Pleas, upon the default of Knight, for the sum of 326 dollars 79 cents damages, stating that there was a mistake, in the computation, of thirty-four dollars and nineteen cents; and that, on discovering the mistake^ she had given notice thereof to Knight, and requested him to pay the sum, which he had refused to do Knight, having had regular notice of…
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This was a petition by the administratrix for the review of an action, in which a judgment was rendered in the Court of Common Pleas, upon the default of Knight, for the sum of 326 dollars 79 cents damages, stating that there was a mistake, in the computation, of thirty-four dollars and nineteen cents; and that, on discovering the mistake^ she had given notice thereof to Knight, and requested him to pay the sum, which he had refused to do Knight, having had regular notice of this petition, was called, but did not appear. L * 468 ] * It appeared, and was so alleged in the petition, that the.…
1Opinion of the Court
The Court
(Sedgwick, Sewall, and Thacher, justices) granted a review to correct the error, and directed the clerk to enter that no costs were allowed to the petitioner on the petition.
But the Court said that, as there was no precise or particular report of the case referred to, they could not consider it as governing the present; indeed, that cases of this kind depended upon the particular circumstances of each, and that no general rule could be laid down as to granting costs, in such cases. In the present case, admitting that Knight was in fault, yet it originated from the previous negligence…
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