Supreme Judicial Court of Maine, 1879

Winchester v. Shaw

Supreme Judicial Court of Maine · Decided June 7, 1879 · Appleton, Barrows, Danforth, Libbey, Peters, Virgin, Walton

69 Me. 536; 1879 Me. LEXIS 102

Cases that cite this one

1 later published case cites this decision.

Hart v. Burch (Ill. 1889)

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Opinion of the Court

Libbey, J.

This is a writ of error to reverse the judgment of a trial justice. Oné of the errors assigned, as matter of law, is that judgment was rendered for costs illegally taxed, and for a larger sum than the amount of all the items taxed and allowed by the justice.

By an inspection of the items of costs taxed and allowed by the justice, and referred to in the judgment and made a part thereof, the amount is found to be $3.92. Judgment was ren*537dcred for the debt claimed and for $4.96 costs of suit. This is manifest error apparent upon the record. Valentine v. Norton, 30 Maine, 194. McArthur v. Storrett, 43 Maine, 345.

As the judgment must be reversed for this error, it is unnecessary to consider the other errors assigned.

Judgment reversed.

Walton, Barrows, Danforth, Virgin and Peters, JJ., concurred. Appleton, O. J., did not concur.

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