Derick v. Taylor

Massachusetts Supreme Judicial Court

Derick v. Taylor

53 N.E. 919, 173 Mass. 412, 1899 Mass. LEXIS 1105

CourtMassachusetts Supreme Judicial Court

DecidedMay 19, 1899

StatusPublished

This text of 53 N.E. 919 (Derick v. Taylor) 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

Derick v. Taylor, 53 N.E. 919, 173 Mass. 412, 1899 Mass. LEXIS 1105 (Mass. 1899).

Pincite

Opinion

Holmes, J.

The defendant was entitled to costs by reason of the plaintiff’s having discontinued the action, and so it was adjudged when this case was here before. Derick v. Taylor, 171 [413]*413Mass. 444, 447. See Smith v. Pike, 160 Mass. 24, 26. The complaint for failure to prosecute the appeal was a step in the cause, not an independent proceeding, and may result in the affirmance of the original judgment. Pub. Sts. c. 155, § 34. It follows that costs properly were taxed after the discontinuance.

Taxation affirmed.

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Holmes, J.

The defendant was entitled to costs by reason of the plaintiff’s having discontinued the action, and so it was adjudged when this case was here before. Derick v. Taylor, 171 [413]*413Mass. 444, 447. See Smith v. Pike, 160 Mass. 24, 26. The complaint for failure to prosecute the appeal was a step in the cause, not an independent proceeding, and may result in the affirmance of the original judgment. Pub. Sts. c. 155, § 34. It follows that costs properly were taxed after the discontinuance.

Taxation affirmed.

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Bluebook (online)

53 N.E. 919, 173 Mass. 412, 1899 Mass. LEXIS 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derick-v-taylor-mass-1899.

Opinion

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