Willey v. Laraway
Supreme Court of Vermont
This was an appeal from a taxation of costs by the clerk. Heard at the April term, 1892, Ross, Ch. J., presiding. The defendant excepts. The question was as to the sufficiency of the tender. The original action was trespass for the cutting of timber.
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This was an appeal from a taxation of costs by the clerk. Heard at the April term, 1892, Ross, Ch. J., presiding. The defendant excepts. The question was as to the sufficiency of the tender. The original action was trespass for the cutting of timber. The case was referred, and the referees found the fact of the trespass and that the plaintiff’s damages were $25. The suit was returnable to the April term, 1890, and it appeared that the Saturday before the return day the defendant tendered the plaintiff $32. Before making the tender the defendant applied to the plaintiff’s attorney for a…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
As the plaintiff’s costs were taxed and allowed in the court below, his damages and costs exceeded the sum tendered thereon by the defendant. The defendant insists, however, that illegal fees, to an amount greater than this excess, were included in the allowance. But we think both the items objected to by the defendant were properly taxed. The copy required of an officer in serving process is a copy of the writ and his return, and he is entitled to compensation for the folios of the entire copy. The provision allowing a reasonable sum for…
2Cases cited3 opinions
- Smith v. ChurchSupreme Court of Vermont · 1855
- Fay v. MunsonSupreme Court of Vermont · 1868
- McKOrmsby v. MorrisSupreme Court of Vermont · 1857
3Cited by6 opinions
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- Hill Et Ux. v. ScottSupreme Court of Vermont · 1928
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