Fisk v. Gray
Massachusetts Supreme Judicial Court
Contract on a bond. After the decision reported It Allen, 132, affirming the judgment of the superior court for the penalty of the bond, which was one hundred dollars, but reversing it so far as execution was ordered to issue for the whole amount, and directing the case to be referred to an “ assessor,” unless the parties should agree upon the amount for which execution should issue, the superior court passed an order for the appointment of an “ assessor,” “ to hear the…
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Contract on a bond. After the decision reported It Allen, 132, affirming the judgment of the superior court for the penalty of the bond, which was one hundred dollars, but reversing it so far as execution was ordered to issue for the whole amount, and directing the case to be referred to an “ assessor,” unless the parties should agree upon the amount for which execution should issue, the superior court passed an order for the appointment of an “ assessor,” “ to hear the parties and ascertain the amount for which execution should issue, and make report thereof;” and William Gaston, the…
1Opinion of the CourtHoar, J.
The assessor could not pass upon, much less decide the question of costs; but the appeal from the judgment of the court, which ordered full costs to be allowed, brings the question before us anew, and renders his report immaterial upon this point. We are of opinion that the allowance of full costs to the prevailing party was correct.
The action was upon a bond, which this court has decided to oe a penal bond, for the sum of one hundred dollars, to secure the performance of several covenants. Judgment was rendered for the penalty, under the provisions of the Gen. Sts. c. 133, § 9. Thereupon it.…
2Cited by7 opinions
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- Paine v. Maine Mutual Marine InsuranceSupreme Judicial Court of Maine · 1879
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