Field v. First Massachusetts Turnpike Corp.
Massachusetts Supreme Judicial Court
Upham presented the petition of Field 8f al., stating that in December, 1807, by the consideration of this Court then sitting by adjournment at Northampton, in an action wherein the said corporation were plaintiffs, and the petitioners were defendants, the petitioners recovered judgment for their legal costs; that in the taxation of the costs, the sum of 71 dollars, 56 cents, which had accrued * for the travel and attendance of sundry [ * 390 ] witnesses, was omitted to be…
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Upham presented the petition of Field 8f al., stating that in December, 1807, by the consideration of this Court then sitting by adjournment at Northampton, in an action wherein the said corporation were plaintiffs, and the petitioners were defendants, the petitioners recovered judgment for their legal costs; that in the taxation of the costs, the sum of 71 dollars, 56 cents, which had accrued * for the travel and attendance of sundry [ * 390 ] witnesses, was omitted to be taxed; that this mistake was not discovered until after execution had issued on the judgment, and was satisfied; and they…
1Opinion of the Court
By the Court. We cannot interfere in this summary way. Your remedy is by a writ of error, in which you will assign for error this mistake in the taxation of the costs. If the error is confessed or proved, we can give you relief by reversing the former judgment and entering a right one.
2Cited by4 opinions
- Jackson v. City of BrocktonMassachusetts Supreme Judicial Court · 1902
- Valentine v. NortonSupreme Judicial Court of Maine · 1849
- McArthur v. StarrettSupreme Judicial Court of Maine · 1857
- Wood v. LeachSupreme Judicial Court of Maine · 1879