Ford v. Wright
Superior Court of New Hampshire
This was a writ of error, brought to reverse a judgment of this court. It appeared by the record, and the papers filed in the cause, that Wright brought an action of assumpsit against Ford, and Calvin Benton, his trustee, upon certain promissory notes, two of which were alleged to have been made by Ford, to have been payable to J. B., or order, and to have been by him endorsed to the plaintiff.
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This was a writ of error, brought to reverse a judgment of this court. It appeared by the record, and the papers filed in the cause, that Wright brought an action of assumpsit against Ford, and Calvin Benton, his trustee, upon certain promissory notes, two of which were alleged to have been made by Ford, to have been payable to J. B., or order, and to have been by him endorsed to the plaintiff. The action appeared to have been entered at May term, 1825, and Ford’s default was recorded at May term, 1826 : but no appearance for him was entered at any time. At November term, 1829, judgment was…
1Opinion of the Court
.Richardson, C. J.,
delivered the opinion of the com t*
It is objected in this case, that the assignment of errors is wrong. It is said that the errors in the taxation of the costs should have been particularly stated, so that any matter of fact that may be in controversy between the parties may be tried by a jury.
In order to settle the question which this objection raises, we must advert to our practice in taxing and entering judgment for costs.
Costs are usually taxed by the attorney of the party who is entitled to them ; and in general they are examined and allowed by the clerk of the court.
Wh…
2Cited by4 opinions
- Bedel v. GoodallSuperior Court of New Hampshire · 1852
- Sargeant v. FrenchSuperior Court of New Hampshire · 1839
- Burt v. StevensSuperior Court of New Hampshire · 1850
- West v. WhitneySuperior Court of New Hampshire · 1853