Perley v. Roberts

Upon recommendation of the master who heard the merits of the case, the Superior Court ordered the bill dismissed without costs. The order as to costs was admittedly unconditional. It does not appear that either the parties or the court had in mind an implied condition that the plaintiff should suffer prior costs if she should exercise her right to appeal to this court.

The plaintiff subsequently brought the case here upon exceptions to the decree on the merits, and those exceptions were overruled. 91 N. H. 254. Thereafter the defendant moved in Superior Court that the order of “no costs” be…