Burke v. Concord Railroad
Supreme Court of New Hampshire
Motion of the plaintiffs for a decree and execution for counsel fees in addition to other costs in the equity case reported in 61 N. H. 160.
1Opinion of the CourtDoe, C. J.
The act of June 29, 1819, entitled “An act to prevent vexatious lawsuits, and to limit bills of cost ” (Laws, ed. 1830, р. 324), authorized this court “to limit and allow such bills of cost as law and justice shall require.” Rev. St., c. 191, s. 7; Report of Revising Commissioners (1842), c. 194, s. 6; G. L., с. 233, s. 2. Whether this provision does or does not authorize an allowance of counsel fees, it does not limit the equity jurisdiction, established by Gen. Laws, c. 209, s. 1, in cases of trust and partnership.
When a trustee necessarily obtains a judicial construction of a will or deed,…
2Cited by4 opinions
- Silva v. BotschSupreme Court of New Hampshire · 1981
- In Re Engebretson's EstateSouth Dakota Supreme Court · 1941
- Bean v. BeanSupreme Court of New Hampshire · 1907
- Kimball v. Bible SocietySupreme Court of New Hampshire · 1889