Legal Opinion

Bedel v. Goodall

Superior Court of New Hampshire

Decided December 15, 1852PublishedCited by 1 opinion

Error, brought to reverse a judgment in the common ■ pleas, rendered upon an alleged erroneous taxation of a bill of costs. The whole bill was taxed at $44,27, and error is .alleged to exist in six items of the taxation, as follows: The first item of error is alleged to be two cents in the costs before the auditor.

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Error, brought to reverse a judgment in the common ■ pleas, rendered upon an alleged erroneous taxation of a bill of costs. The whole bill was taxed at $44,27, and error is .alleged to exist in six items of the taxation, as follows: The first item of error is alleged to be two cents in the costs before the auditor. It is said the costs before him should be $6,21, instead of $6,23. . Ia the course of the litigation the action was transferred to this court, and the second error is stated to be in the amount taxed for attendance at the July term, 1849; one dollar is taxed, and it is contended…

1Opinion of the CourtEastman, J.

When a writ of error is brought to reverse a judgment for an alleged mistake in a judgment for costs, the fact whether there is an error must be ascertained in the same manner as mistakes in bills of costs are ascertained when presented for allowance before judgment. And in allowing bills of costs, the court take notice of the distance and situation of the residence of parties, of the number of days the court sits each term, of the appearance or nonappearance of the defendant, and inquire into every matter upon which a correct taxation of costs must depend. Ford v. Wright, 7 N. H. Rep. 586.

The…

2Cases cited1 opinion

  1. Ford v. WrightSuperior Court of New Hampshire · 1835

3Cited by1 opinion

  1. Averill v. MathesSupreme Court of New Hampshire · 1875

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