Stevens v. Hale
Massachusetts Supreme Judicial Court
Appeal from the decision of a master in chancery, allowing to Susan Hale her claim, to the amount of $ 5600, against the estate of Perley Hale and Bernice S. Hale, insolvent debtors, whose estate had been assigned to the appellant, Nathaniel Stevens, under St. 1838, c. 163. On the trial of this appeal, at the last April term of this court, the jury found a verdict for the appellee, for the sum of $1396. The appellant thereupon moved for costs, claiming to be “ the party…
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Appeal from the decision of a master in chancery, allowing to Susan Hale her claim, to the amount of $ 5600, against the estate of Perley Hale and Bernice S. Hale, insolvent debtors, whose estate had been assigned to the appellant, Nathaniel Stevens, under St. 1838, c. 163. On the trial of this appeal, at the last April term of this court, the jury found a verdict for the appellee, for the sum of $1396. The appellant thereupon moved for costs, claiming to be “ the party prevailing,” under the last clause of the 4th section of said statute. The chief justice, before whom the trial was had,…
1Opinion of the CourtWilde, J.
The only question in this case is a question ot costs, depending on St. 1838, c. 163, § 4. The appellee, a creditor of Perley Hale and Bernice S. Hale, insolvent debtors, exhibited her claim against their estate, before a master in chancery, which was allowed, to the amount of $5600. On an appeal, and a trial by jury in this court, she recovered only the sum of $ 1396; and the question is, which is to be considered the prevailing party, within the true meaning of the statute. And we think it clear that the claimant must be so considered. The statute provides, that “ the party prevailing in…
2Cases cited1 opinion
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