Peyton v. Brooke

Supreme Court

Peyton v. Brooke

7 U.S. 92

CourtSupreme Court of the United States

DecidedFebruary 15, 1805

StatusPublished

Cited by1 cases

This text of 7 U.S. 92 (Peyton v. Brooke) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peyton v. Brooke, 7 U.S. 92 (1805).

Pincite

Opinion

Marshall, Ch. J.

The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed;, that is, where it is out and may be served. The clerk is right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to-the rendition of judgment. If new costs accrue, the judgment opens to receive them.

Judgment affirmed, with costs.

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Marshall, Ch. J.

The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed;, that is, where it is out and may be served. The clerk is right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to-the rendition of judgment. If new costs accrue, the judgment opens to receive them.

Judgment affirmed, with costs.

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Bluebook (online)

7 U.S. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peyton-v-brooke-scotus-1805.

Opinion

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