Grim v. Walbert
Supreme Court of Pennsylvania
Grim v. Walbert, 155 Pa. 147 (Pa. 1893)
25 A. 1077; 1893 Pa. LEXIS 1207
Cueiam, Dean, Green, McCollum, Mitchell, Paxson, Williams
Grim v. Walbert
Opinion of the Court
The single question in this case is whether the plaintiff or the defendants shall pay the costs of the proceedings below. The costs in equity are always within the discretion of a chancellor, and it is only where there is a clear abuse of this discretion that we would interfere. We see no such abuse in this case, and for this reason
The decree is affirmed, and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 2 cases
- Status
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- Syllabus
- Equity—Costs—Discretion of chancellor. Costs in equity are always within the discretion of the chancellor, and it is only where there is a clear abuse of this discretion that the Supreme Court will interfere. On a bill in equity to correct a mistake in a deed where it appears that plaintiff was a party to the deed which was executed when defendant was an infant, and it does not appear that plaintiff before the bill was filed offered to explain to defendant the fact of the mistake, or the grounds upon which he based his allegation of mistake, costs will be imposed upon plaintiff although the decree is in his favor.