Walpole v. Griffin

Ohio Supreme Court

Walpole v. Griffin

1 Wright 95, 1 Ohio Ch. 95

DecidedSeptember 15, 1832

StatusPublished

This text of 1 Wright 95 (Walpole v. Griffin) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walpole v. Griffin, 1 Wright 95, 1 Ohio Ch. 95 (Ohio 1832).

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Opinion

BY THE COURT.

Costs in chancery depend upon the sound discretion, of the chancellor, to be exercised upon a consideration of 96] *the facts and merits of the case. We are unwilling to take the trouble to wade through the facts in this case, to adjust a dispute upon an item of costs, when the parties have submitted to the decision of others their controversy. Such a course would be contrary to the usual course of proceeding in chancery, 2 John. Ch. 318. Lord Hardwick, in 2 Vesey, 223, says one can never come into this court to pray a decree for costs only. In such case, each party is left to pay his own costs.

[The chancellor will not look into the facts merely to determine question of costs; Campton v. Griffith, infra, 321.]

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BY THE COURT.

Costs in chancery depend upon the sound discretion, of the chancellor, to be exercised upon a consideration of 96] *the facts and merits of the case. We are unwilling to take the trouble to wade through the facts in this case, to adjust a dispute upon an item of costs, when the parties have submitted to the decision of others their controversy. Such a course would be contrary to the usual course of proceeding in chancery, 2 John. Ch. 318. Lord Hardwick, in 2 Vesey, 223, says one can never come into this court to pray a decree for costs only. In such case, each party is left to pay his own costs.

[The chancellor will not look into the facts merely to determine question of costs; Campton v. Griffith, infra, 321.]

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Bluebook (online)

1 Wright 95, 1 Ohio Ch. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walpole-v-griffin-ohio-1832.