Peyton v. Brooke

Supreme Court of the United States
Peyton v. Brooke, 7 U.S. 92 (1805)

Peyton v. Brooke

Opinion of the Court

Marshall, Ch. J.

The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed;, that is, where it is out and may be served. The clerk is right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to-the rendition of judgment. If new costs accrue, the judgment opens to receive them.

Judgment affirmed, with costs.

The case of Syme v. Johnson is reported in 3 Call 558.

Reference

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Published