Beebe v. Beebe
New York Supreme Court
Petition by next friend to have bill dismissed with costs to be paid by the Defendant.—The bill was filed in July, 1846, to obtain a separation from bed and board. The Defendant put in his answer in November of the same year. In March, 1847, the wife returned to her husband, and from that time has continued to live' with him—a reconciliation having taken place. The next friend now prays for an order requiring the Defendant "to pay 'his costs.
1Opinion of the Court
Barculo, Justice.
I am not aware of any principle on which this application can be granted. The ordinary rule is, that the party applying to dismiss his bill must pay costs. (1 Barbour’s Oh. Pr. 225; 2 B. S. 613.)
The Chancellor has decided that the hill can be dismissed without costs only in those cases where prima facie the complainant would not be charged with costs on a decree dismissing the bill at the hearing, as in cases of suits brought by trustees, executors, &c. (2 Paige, 372.) In the present case, if the suit should be decided against the Petitioner at the hearing, he might be…
2Cases cited1 opinion
- Hammersley & Dyett v. Barker & ChapmanNew York Court of Chancery · 1831