Phillips v. Bennett
Superior Court of New Hampshire
Appeal of the administrator from the decision of the commissioner, allowing the plaintiff’s claim against the estate of Mrs. Hutchins.
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Appeal of the administrator from the decision of the commissioner, allowing the plaintiff’s claim against the estate of Mrs. Hutchins. The claim, as presented to the commissioner, and by him allowed in full, was as follows : “ 1847, Oct. 7. To my services, as housekeeper and nurse, from April 6,1846, to date, at $3 00 per week,................................$234 00 Interest to June, 1852,....................... 65 52 $299 52” After the appeal was entered in this court, the ease was sent to a commissioner, who found that the plaintiff was not entitled to recover any sum, but, by the consent…
1Opinion of the CourtWoods, C. J.
The question for decision is simply a question of costs upon an appeal taken by the administrator from the decision of the commissioner upon an estate represented insolvent. The sum recovered upon the appeal by the creditor was less than the amount allowed him by the commissioner. Both parties moved to be allowed the costs arising upon the appeal.
The act regulating appeals from commissioners, (chapter 163 of the Revised Statutes,) makes no express provision in regard to costs in a case like the present. The 7th section provides that “ the administrator shall recover costs, if the creditor…
2Cases cited2 opinions
- Drury v. LelandSuperior Court of New Hampshire · 1821
- Barron v. AshleySuperior Court of New Hampshire · 1827