Griswold v. Chandler
Superior Court of New Hampshire
This was an appeal from a decree of the Judge of Probate, in this county, allowing the account of James Chandler, as administrator of the goods and estate of Gilbert Griswold, deceased. The appeal was taken by some of the heirs of the deceased.
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This was an appeal from a decree of the Judge of Probate, in this county, allowing the account of James Chandler, as administrator of the goods and estate of Gilbert Griswold, deceased. The appeal was taken by some of the heirs of the deceased. The matters in controversy between the parties, may he seen in the report of this case, 5 N. H. Reports 492. It having been found here that the administrator was chargeable with certain sums, for which he had not been held to account in the court below, on behalf of the appellants, that they were entitled to costs, as the prevailing party.
1Opinion of the Court
By the court.
The statute, regulating appeals from the decisions of a Judge of Probate, enacts, that “ if, upon any such appeal, the decision of the Judge of Probate shall be reversed or altered, the said superior court may tax costs for the appellant, and issue execution therefor. And in case of affirmation they shall tax costs, and issue execution, for the appellee.” When the decree of the Judge of Probate is affirmed, the appeal fails, in tolo, and the appellant is in reality the prevailing party, and equitably entitled to costs. But when the decree is reversed, in part, although the…
2Cited by4 opinions
- Mathes v. BennettSuperior Court of New Hampshire · 1850
- Wendell v. FrenchSuperior Court of New Hampshire · 1848
- Clarke v. ClaySuperior Court of New Hampshire · 1855
- Kingman v. KingmanSuperior Court of New Hampshire · 1855