Inhabitants of New Marlborough v. Brewer
Massachusetts Supreme Judicial Court
Appeal from, the refusal of the clerk of the Superior Court to tax costs for the defendant, in an action of tort. The Superior Court affirmed the taxation of costs; and the defendant appealed to this court. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The defendant contends that the case falls within the Pub. Sts. c. 198, § 12. This section reads as follows: “ When there are two or more counts on several and distinct causes of action, and a verdict is rendered for the plaintiff on one or more of them, and for the defendant on any other or others, each party shall recover his costs paid for the travel and attendance of witnesses, and for depositions and other evidence produced, examined, or used on the trial of the counts upon which the verdict is in his favor, and shall recover nothing for the like charges incurred on the trial of the…
2Cases cited3 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Munford v. TaylorCourt of Appeals of Kentucky · 1859
- Carroll v. DalyMassachusetts Supreme Judicial Court · 1894
3Cited by1 opinion
- Jewett v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916