Moore v. Town of Lebanon

Costs are expressly provided for by statute upon a petition for a new trial. R. L., c. 398, s. 3. The record discloses no error in the assessment or the computation of the costs. Therefore the exception is overruled.

The exception to the failure of the Court to vacate the stipulation for the markings of “neither party” has no merit. The issue does not appear to have been before the Court at the last hearing, and in any event, it was decided adversely to the plaintiff in 1947 and his exceptions were waived. The issue was thereafter no longer open.

The trover action was properly dismissed. The…