Chapin v. Boody
Superior Court of New Hampshire
Motion for costs. The action was assumpsit, and was submitted by rule of court to three referees, who subsequently made their report, concluding with these words: 61 do award that the said defendants receive of the said plaintiff the cost of reference, taxed at five dollars seventy-five cents.” And upon this report, judgment was rendered for the defendants. Whereupon the defendants move for judgment for the costs of court, to which the plaintiff objects.
1Opinion of the CourtBell, J.
It is settled here that arbitrators, appointed by bond or agreement of the parties, have authority to adjudge costs, though no mention is made of the costs in the submission. Spofford v. Spofford, 10 N. H. Rep. 254. And referees, under a rule of court, may award upon the costs of the reference and the costs of the suit, because in both cases a submission of the cause of action embraces, as an incident, the costs which may arise in the case, as well as those which have arisen. Joy v. Simpson, 2 N. H. Rep. 179; Brown v. Mathes, 5 N. H. Rep. 230; Johnson v. Noble, 13 N. H. Rep. 286; School…
2Cases cited13 opinions
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
- Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806
- Johnson v. NobleSuperior Court of New Hampshire · 1842
- Joy v. SimpsonSuperior Court of New Hampshire · 1820
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3Cited by1 opinion
- Daniel v. O'NeillSupreme Court of New Hampshire · 1990