Young v. Makepeace
Massachusetts Supreme Judicial Court
Bastardy process. After the decision reported 103 Mass. 54, the defendant appealed to the superior court from the taxation of the complainant’s costs by the clerk, and at the same time objected “ that this was not a case wherein costs were to be taxed and collected on execution in the usual manner prescribed in civil iases, wherein special provisions are made for the taxation of costs and recovery thereof on execution, but if the complainant was entitled to costs the same…
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Bastardy process. After the decision reported 103 Mass. 54, the defendant appealed to the superior court from the taxation of the complainant’s costs by the clerk, and at the same time objected “ that this was not a case wherein costs were to be taxed and collected on execution in the usual manner prescribed in civil iases, wherein special provisions are made for the taxation of costs and recovery thereof on execution, but if the complainant was entitled to costs the same could lawfully be collected only as part of the penalty on the original bond, (which it appeared was given by the…
1Opinion of the CourtMorton, J.
The superior court passed the usual order of
‘affiliation, and issued a warrant of commitment to enforce it. The defendant was arrested upon this warrant, and gave the bond required by the order. The principal question in this case is *235whether the court could afterwards rightfully issue an execution in the form common in civil cases, to enforce its judgment in favor of the plaintiff for costs of suit. The defendant concedes that she is entitled to recover her costs. Young v. Makepeace, 103 Mass. 50, 54. But he claims that her judgment therefor can only be enforced by a suit upon the bond given…
2Cases cited1 opinion
- Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Leonard v. BoltonMassachusetts Supreme Judicial Court · 1891
- Fitzpatrick v. NordstromMassachusetts Supreme Judicial Court · 1900