Derick v. Taylor

Massachusetts Supreme Judicial Court

Derick v. Taylor

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

Procedural entryThis page is a short order in Derick v. Taylor. Read the opinion of the Court — 171 Mass. 444 →

Massachusetts Supreme Judicial Court·Decided May 19, 1899·Published

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.

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

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Opinion

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