Davis v. Ferguson
Massachusetts Supreme Judicial Court
Appeal from a taxation of costs. At the hearing in the Superior Court, before Lathrop, J., the following facts appeared. On April 18, 1887, the judge, who tried the case without a jury, found for the plaintiff in the sum of $85, and on May 2, 1887, judgment was entered for the plaintiff for $85 and costs. On May 23, 1887, costs were taxed upon notice at $90.53; and the defendant appealed from the taxation of the costs.
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Appeal from a taxation of costs. At the hearing in the Superior Court, before Lathrop, J., the following facts appeared. On April 18, 1887, the judge, who tried the case without a jury, found for the plaintiff in the sum of $85, and on May 2, 1887, judgment was entered for the plaintiff for $85 and costs. On May 23, 1887, costs were taxed upon notice at $90.53; and the defendant appealed from the taxation of the costs. Subsequently on the same day, the plaintiff took out an execution, in the usual form, “ for the sum of eighty-five dollars debt or damage”; and on June 1, 1887, the deputy…
1Opinion of the CourtW. Allen, J.
The damages and costs recovered in an action, unless under special statute provision, as in the case of a *604judgment against an administrator, constitute a single judgment, upon which but one execution can be issued. A party cannot divide his judgment into damages and costs, and take out separate executions for each, any more than he can divide his damages and take out separate executions for the different parts. St. 1784, c. 59, § 2. St. 1829, c. 52. Many v. Sizer, 6 Gray, 141.
Until the Revised Statutes, the time of rendering the judgment was not affected by an appeal from the taxation of…
2Cases cited1 opinion
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