Ex parte Cushman

Massachusetts Supreme Judicial Court

Ex parte Cushman

4 Mass. 565

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1808

StatusPublished

This text of 4 Mass. 565 (Ex parte Cushman) 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

Ex parte Cushman, 4 Mass. 565 (Mass. 1808).

Pincite

Opinion

By the Court.

Were we to grant costs in this case, the only mode to enforce their payment would be by attachment, upon which the party must be committed. And, in such case, [ * 566 ] * he must lie in prison until payment, though utterly insolvent; the act for the relief of poor prisoners not extending to persons so committed. If the legislature would authorize us to issue execution for costs in all cases, we should award costs many times, where we now refuse them, for the above-mentioned reason.

Motion denied

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By the Court.

Were we to grant costs in this case, the only mode to enforce their payment would be by attachment, upon which the party must be committed. And, in such case, [ * 566 ] * he must lie in prison until payment, though utterly insolvent; the act for the relief of poor prisoners not extending to persons so committed. If the legislature would authorize us to issue execution for costs in all cases, we should award costs many times, where we now refuse them, for the above-mentioned reason.

Motion denied

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Bluebook (online)

4 Mass. 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-cushman-mass-1808.