Saliba v. Zelaway

In the matter of plaintiff’s petition to prove report.

The plaintiff sued for $4433.61 and received a finding for $1877. He filed a motion for a new trial on the question of damages only. The judge denied it and imposed $25. costs. The plaintiff’s petition now seeks to bring up the question of the judge’s power so to impose costs. Given the power, nothing appears to show that it was wrongly exercised in this case.

It is to be observed that the rule-making power of the court, under G. L. Ch. 218, §50, and the last clause of G. L. Ch. 231, §108, is not involved. No rule in terms gives a single…