Nelson v. Montgomery

1 Edw. Ch. 657, 1833 N.Y. LEXIS 173, 1833 N.Y. Misc. LEXIS 38

Opinion

The Vice-Chancellor.

I am of opinion the costs of the district attorney for the United States are not a charge upon the surplus money in court. The consequences of making a wrong party to the bill, coupled with the stipulation, require that payment of these costs should be borne by the complainant or his solicitor. They ought not fall upon a party entitled to the residue.