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Nutter v. Varney

Nutter v. Varney.

Nutter v. Varney, 10 A. 615 (N.H. 1887)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
June 5, 1887
Judges
Clark, Carpenter
Citations
10 A. 61564 N.H. 334
Headnotes
Questions of costs are not ordinarily revisable at the law term unless specially reserved.
Summary
Assumpsit. The referee found for the defendant. On motion of the plaintiff, the cause was recommitted to the referee with in-, structions to report the facts without further hearing. Upon the return of the report the plaintiff was allowed to amend by filing a count in trover, and the case was reserved. At the June law term, 1886, the ruling permitting the amendment was sustained, and judgment ordered for the plaintiff on the amended count. At this term the plaintiff moved for costs from the beginning of the suit. The defendant moved for costs to the time of the amendment, and that the plaintiff be allowed to tax only the costs after that time. The court granted the plaintiff’s and denied the defendant’s motion. The defendant excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, J.

Ordinarily, questions relating to the allowance of costs are not open to revision at the law terms unless the question is referred to the law term by the presiding justice at the trial term.

Sanborn v. Sanborn, 41 N. H. 306;

Bartlett v. Hodgdon, 44 N. H. 472;

Smith v. Boynton, 44 N. H. 529;

Harvey v. Reeds, 49 N. H. 531. If the question is properly before us, we see no error in the allowance of costs at the trial term. The event of the suit was in favor of the plaintiff (Eastman v. Holderness, 44 N. H. 18), *335 and costs follow the event of every action or petition unless otherwise ordered by law or by the court. G. L., c.

233, s.

1.

Exceptions overruled.

Carpenter, J., did not sit: the others concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Conant v. Burns19 A. 11 (N.H. 1889)

Most recent

  1. Conant v. Burns19 A. 11 (N.H. 1889)

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