Nelson v. Andrews
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county rendered in May, 1800. The original action, with all demands between the parties, was referred in the court below, and the report of the referees was that Andrews, who was original plaintiff, should recover 6 dollars 69 cents damage, and costs of reference, with one quarter part of the costs of court.
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This was a writ of error brought to reverse a judgment of the Court of Common Pleas for this county rendered in May, 1800. The original action, with all demands between the parties, was referred in the court below, and the report of the referees was that Andrews, who was original plaintiff, should recover 6 dollars 69 cents damage, and costs of reference, with one quarter part of the costs of court. The court, notwithstanding this report, gave judgment for full costs of court, and for this error the present process was instituted.
1Opinion of the CourtParker, J.
I am very clear that this judgment is erroneous. A submission of all demands between the parties was a submission of the question of the costs of the suit. If it were not so, the practice has uniformly prevailed, and been acquiesced in. In some cases referees award a large sum in damages, and yet de [ *166 ] termine that the party in whose favor they make * their award shall recover no costs. The practice having thus obtained, I think that the referees did not exceed their authority ; and that the court below, having accepted the report, ought to have conformed their judgment to it. I am…
2Cited by12 opinions
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- McLaughlin v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
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