Butler v. Shapleigh

Massachusetts Supreme Judicial Court

Butler v. Shapleigh

64 Mass. 303

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1852

StatusPublished

This text of 64 Mass. 303 (Butler v. Shapleigh) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Shapleigh, 64 Mass. 303 (Mass. 1852).

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Opinion

By the Court.

The plaintiff is entitled to tax his costs in both actions. They were instituted at different times, and returnable at different periods for trial, and so not within the provisions of Rev. Sts. c. 121, § 15. The defendant was defaulted in both cases, and no question arises as to the right of the plaintiff to sever his claims, and maintain both actions. The only question is that of costs in both actions, and the ruling of the court of common pleas, allowing such costs, was correct. Costs allowed.'

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By the Court.

The plaintiff is entitled to tax his costs in both actions. They were instituted at different times, and returnable at different periods for trial, and so not within the provisions of Rev. Sts. c. 121, § 15. The defendant was defaulted in both cases, and no question arises as to the right of the plaintiff to sever his claims, and maintain both actions. The only question is that of costs in both actions, and the ruling of the court of common pleas, allowing such costs, was correct. Costs allowed.'

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Bluebook (online)

64 Mass. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-shapleigh-mass-1852.