Perkins v. Saunders
Perkins v. Saunders
Opinion of the Court
In these cases a variety of points were, presented by the appellant’s counsel.
1st. As to the costs of one or two of these suits, the whole of which were consolidated at the hearing and one decree pronounced in the whole, and each party was decreed to bear a proportion of the costs. As no appeal lies for costs only, this point ought to be disregarded, even if not perfectly equitable, unless there be some other error in the decree. 2d. It was insisted a Jury ought to have been impanelled to assess damages against the executors for their misconduct in suffering suits to be brought and the property to be sold under execution. This is the first time I have heard of a suit in equity for vindictive damages. 3d. That the executor R. II. Saunders ought not to be allowed the benefits of a compromise, or purchase which lie made of a judgment and execution against his testator’s estate, by which he gained 24 dollars. The principle is ;n general true,
By the whole Court, (absent Judge Lyons,) the decree of the Superior Court of 'Chancery affirmed.
2 Fonb 187.
Reference
- Full Case Name
- Perkins against Saunders and Wade, Executors, &c. of Power
- Status
- Published