Morris v. Palmer
Supreme Court of New Hampshire
Assumpsit, brought to recover $21.85, tbe amount of tbe account annexed to the plaintiff’s writ. The items in tbe account accrued on proceedings upon complaint made by tbe defendant’s wife against him for breach of tbe peace. Tbe plaintiff offered evidence tending to prove that tbe defendant’s wife called on him for legal advice, and in pursuance thereof be rendered tbe services and made tbe advances stated in the account.
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Assumpsit, brought to recover $21.85, tbe amount of tbe account annexed to the plaintiff’s writ. The items in tbe account accrued on proceedings upon complaint made by tbe defendant’s wife against him for breach of tbe peace. Tbe plaintiff offered evidence tending to prove that tbe defendant’s wife called on him for legal advice, and in pursuance thereof be rendered tbe services and made tbe advances stated in the account. It also appeared on tbe trial that in consequence of said complaint a warrant was duly issued, the defendant arrested, tried, and by the magistrate ordered to recognize for…
1Opinion of the CourtEastman, J.
By the Revised Statutes, chapter 222, section 21, it is provided that all legal costs attending the arrest, examination or conveyance of any offender, shall be paid by the complainant, unless the same is directed by the counsel for the State, or allowed by the court of Common Pleas. State v. Stearns, 21 N. H. 108.
The proceedings against the defendant were not ordered by the attorney-general, or by the solicitor for the county, and the court refused to pay the costs. The plaintiff’s fees, then, so far as the charges were legal, would have been a good claim against any ordinary complainant in…
2Cases cited2 opinions
- Joseph Frost & Co. v. WillisSupreme Court of Vermont · 1841
- Johnson v. BayleySupreme Court of Vermont · 1843
3Cited by2 opinions
- Little v. Superior CourtCourt of Appeals of Arizona · 1994
- Whipple v. GilesSupreme Court of New Hampshire · 1875