Ryer v. Morrison

Supreme Court of Rhode Island

Ryer v. Morrison

42 A. 509, 21 R.I. 127, 1899 R.I. LEXIS 6

CourtSupreme Court of Rhode Island

DecidedJanuary 6, 1899

StatusPublished

Cited by1 cases

This text of 42 A. 509 (Ryer v. Morrison) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ryer v. Morrison, 42 A. 509, 21 R.I. 127, 1899 R.I. LEXIS 6 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) Though the general rule in regard to costs, on a bill to redeem, is that the complainant, instead of recovering costs, pays them to the respondent, even if successful in the suit, yet when the respondent sets up an unwarranted defence or one which wholly fails, and thereby makes expense and delay in prosecuting the redemption, the respondent may not only be deprived of his own costs but may, in the discretion of the court, be required to pay the complainant’s costs. 2 Jones Mort. 4 ed. § 1111 ; Barton v. May, 8 Sandf. Ch. 450; Still v. Buzzell, 60 Vt. 478; Turner v. Johnson, 95 Mo. 431 (454). In the present case the respondent denied the complainant’s right to redeem and set up in defence an unlawful sale of the property, thereby rendering it necessary for the complainant to file her bill, and hindering and. delaying herein its prosecution. Our opinion is that she is entitled to recover her costs, to be taxed by the clerk.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

(1) Though the general rule in regard to costs, on a bill to redeem, is that the complainant, instead of recovering costs, pays them to the respondent, even if successful in the suit, yet when the respondent sets up an unwarranted defence or one which wholly fails, and thereby makes expense and delay in prosecuting the redemption, the respondent may not only be deprived of his own costs but may, in the discretion of the court, be required to pay the complainant’s costs. 2 Jones Mort. 4 ed. § 1111 ; Barton v. May, 8 Sandf. Ch. 450; Still v. Buzzell, 60 Vt. 478; Turner v. Johnson, 95 Mo. 431 (454). In the present case the respondent denied the complainant’s right to redeem and set up in defence an unlawful sale of the property, thereby rendering it necessary for the complainant to file her bill, and hindering and. delaying herein its prosecution. Our opinion is that she is entitled to recover her costs, to be taxed by the clerk.

Cite This Page — Counsel Stack

Bluebook (online)

42 A. 509, 21 R.I. 127, 1899 R.I. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryer-v-morrison-ri-1899.

Opinion

Related

Cite This Page — Counsel Stack