Barnes v. Smith
Massachusetts Supreme Judicial Court
Petition to the superior court, by Daniel H. Barnes, Daniel Green, and Henry E. Howe, for a revision of the taxation of their costs in three actions of tort, brought against them severally, in that court, by the respondent, for trespass on hia close.
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Petition to the superior court, by Daniel H. Barnes, Daniel Green, and Henry E. Howe, for a revision of the taxation of their costs in three actions of tort, brought against them severally, in that court, by the respondent, for trespass on hia close. The actions were tried together, without a jury, before Ames, C. J., who gave judgment for these petitioners, and the respondent alleged exceptions, which were overruled, as reported 101 Mass. 275. The petitioners then took out executions for their costs, at April term 1869; and at July term 1869 they united in this petition for the actions to be…
1Opinion of the CourtColt, J.
Judgments were recovered by the petitioners in three several actions, brought against them by the respondent, in the superior court. Costs were taxed in their favor by the clerk, and executions therefor duly issued. It is now alleged that the certificates upon which the taxation was based erroneously stated the travel and attendance of the witnesses; and the petitioners join in asking the superior court to have these cases *364.brought forward from the docket of a previous term, in o-der that the executions to be returned by them may be cancelled, and the witnesses’ costs again taxed. This…
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