Supreme Court of the United States, 1805

Peyton v. Brooke

Peyton v. Brooke
Supreme Court of the United States · Decided February 15, 1805 · Marshall
7 U.S. 92 (United States Reports)

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.

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