Piper v. St. Paul Trust Co.

Supreme Court of Pennsylvania
Piper v. St. Paul Trust Co., 140 Pa. 233 (Pa. 1891)
21 A. 317; 1891 Pa. LEXIS 832
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Piper v. St. Paul Trust Co.

Opinion of the Court

Per Curiam:

There is little in this case beyond the question of costs. At one stage of the litigation the complainant applied to the court below to permit him to dismiss his own bill, upon the payment of the costs by the defendants. This somewhat unusual request was denied, and the case was then proceeded with for the purpose of ascertaining upon whom the costs should fall. The master and the court below decided that the plaintiff should pay the costs, and we have been furnished with no sufficient reason why he should not. Costs in equity are largely in the discretion of the court below, and we would not interfere with that discretion except for strong reasons.

The decree is affirmed and the appeal dismissed, at the costs of the appellant.

Reference

Full Case Name
H. A. PIPER v. ST. PAUL TRUST CO.
Cited By
2 cases
Status
Published
Syllabus
Costs in equity are largely in the discretion of the court below, and its decree will not be interfered with except for strong reasons. In this case, the master and the court below concurring in imposing the costs upon the plaintiff on the dismissal of his bill, the question by whom they should be paid being the main contention, the decree was affirmed.