Kellogg v. Kimball
Massachusetts Supreme Judicial Court
Appeal from a taxation of costs. The record showed an item for service of writ, $5.86, which included a charge of $3, for “ custody and keeping; ” also $1, for a “ commission,” and $10, for “ commissioner’s fee; ” and a certificate of the clerk that the last was taxed according to an affidavit of the plaintiff’s counsel that he paid the same, the commissioner not returning any fees.
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Appeal from a taxation of costs. The record showed an item for service of writ, $5.86, which included a charge of $3, for “ custody and keeping; ” also $1, for a “ commission,” and $10, for “ commissioner’s fee; ” and a certificate of the clerk that the last was taxed according to an affidavit of the plaintiff’s counsel that he paid the same, the commissioner not returning any fees. It further showed that the plaintiff claimed forty-seven term fees; that the clerk of the Superior Court allowed three for that court, and three more for each time the questions of law were before the Supreme…
1Opinion of the CourtField, J.
The papers do not disclose in what particulars the defendant contends that the judgment of the Superior Court is erroneous. In his argument here he objects to two items; of which the first is $3 for the custody and keeping of property attached, and the second is $10 for the fee of a commissioner in taking a deposition.
As the plaintiff claimed forty-seven term fees, it may be assumed that the action was brought eleven or twelve years ago, and that the attachment was made before the passage of the St. of 1878, e. 272, and before the decision of this court in Cutter v. Howe, 122 Mass. 541.
*297But…
2Cases cited1 opinion
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1886