Dennis v. Riley

The question involved in this motion, although often settled in other jurisdictions, has never been formally decided in this court.

In the case of Weymouth v. Boyer, 1 Vesey, 423, Buller, J., sitting for the Lord Chancellor, said, he was aware of the practice *51of the court, that if a plaintiff comes for a discovery, and has it, he shall pay the costs. But he thought the rule so expressed, too general, and said, if a proper case for withholding the costs should arise, he should put the parties to reconsider the question. By a proper case, he said he meant that if the plaintiff was entitled to…