Ballou v. Smith
Superior Court of New Hampshire
Motion for costs. At the last term of this court, it was decided that a mandamus should issue against the defendant, a justice of the peace of this county, commanding him to make out a copy of a recognizance in due form, alleged to have been entered into by the plaintiff and his sureties, upon an appeal having been taken by him from the judgment of the defendant, in a cause tried before said justice.
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Motion for costs. At the last term of this court, it was decided that a mandamus should issue against the defendant, a justice of the peace of this county, commanding him to make out a copy of a recognizance in due form, alleged to have been entered into by the plaintiff and his sureties, upon an appeal having been taken by him from the judgment of the defendant, in a cause tried before said justice. Upon the hearing of the petition and upon the question before the court, whether a mandamus should issue or not, sundry affidavits were used by both parties, without objection, tending to show…
1Opinion of the CourtEastman, J.
No good reason occurs to us why the petitioner should not have his costs. The statute provides that “ costs shall follow the event of every action or petition, unless otherwise directed by law or by the court.” Rev. Stat. ch. 191, § 1. There is no provision of law disalloyying costs in proceedings of this nature, and the court are not inclined to disallow* them. The petition became necessary in consequence of a failure on the part of the magistrate to do his duty, in making out a copy of the recognizance, so that the petitioner could proceed with his appeal. It is not necessary that the…
2Cases cited4 opinions
- Donaldson v. JacksonNew York Supreme Court · 1832
- Jackson ex dem. Pioneer v. GarnseyNew York Supreme Court · 1824
- Pitcher v. ClarkNew York Supreme Court · 1829
- Legg v. KinneyNew York Supreme Court · 1829