TaiLexi AI U.S. Case Law

Anderson v. Walker

SAMUEL ANDERSON v. EDMUND WALKER

Anderson v. Walker, 3 N.H. 311 (1825)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Superior Court of New Hampshire · State Trial Courts
Decided
October 15, 1825
Citations
3 N.H. 311
Headnotes
Tii a prosect on the statute of 1820, cap. 36 to recover a fine from a private,, for non-attendance at an annual training, the complainant is liable to cost, if he fail to sustain the prosecution.
Summary
In this case a complaint was filed with a justice of the peace, in pursuance of the statute of 1820, cap. 36, against Walker, for non-attendance at an annual training. Upon the trial before the justice, judgment was rendered in favor of Walker ; from which judgment Anderson appealed to this court, and, after having entered his appeal here, became nonsuit ; upon which the appellee moved for costs.

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

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the court.

In this case the appellee has moved the court to allow him costs ; and the question whether his motion ought, or ought not, to prevail, must be determined by the statute of 1820, cap. 36, sec. 50 and 51. It is very clear from the provisions in those sections, that it was the intention of the legislature, that the complainant should recover costs. But nothing- is said with respect to the costs of the respondent. We should, therefore, conclude, that the intention of the legislature was, that the respondentshould have his costs, as in other cases. And it is a circumstance decisively in favor of such conclusion, that the statute of 1819, cap. 1, sec. 49, provided, that no clerk should be liable to pay any defendant cost, in any case, in which the commanding.officer of *312 the company endorsed his approval on the information of such clerk ; and this provision is wholly omitted in the statute of 1820, which is a revision of all the statutes on the subject.

Costs allowed.

How later courts describe this case

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

1853–1854: 118532026peak 1853 · 1

Relies on it most ⓘ

  1. Cate v. Nutter27 N.H. 515 (1853)

Most recent

  1. Cate v. Nutter27 N.H. 515 (1853)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list