Massachusetts Supreme Judicial Court, 1851

Davis v. Hastings

Davis v. Hastings
Massachusetts Supreme Judicial Court · Decided October 15, 1851 · Shaw
62 Mass. 313

Davis v. Hastings

Opinion of the Court

Shaw, C. J.

It is now settled, though formerly it was considered otherwise, that where an action is dismissed on motion for want of jurisdiction, the defendant is entitled to costs. Cary v. Daniels, 5 Met. 236 ; Jordan v. Dennis, 7 Met. 590; Hunt v. Hanover, 8 Met. 343. The only question in the present case is, whether the defendants having pleaded severally are entitled to several costs; and we think they are, having pleaded and moved severally. Mason v. Waite, 1 Pick. 456; Ewer v. Beard, 3 Pick. 64; West v. Brock, 3 Pick. 303 ; Fales v. Stone. 9 Met. 316.

*315In taxing several costs for the defendants, however, it will be understood, that expenses incurred for the use of all, as depositions and the like, for the common benefit, can be taxed against the plaintiff but once only.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.