¶1I am of opinion the costs of the district attorney for the United States are not a charge upon the surplus money in court. The consequences of making a wrong party to the bill, coupled with the stipulation, require that payment of these costs should be borne by the complainant or his solicitor. They ought not fall upon a party entitled to the residue.
1 Edw. Ch. 657
Nelson v. Montgomery
Decided July 1, 1833
New York Court of Chancery · decided 1833-07-01
This was a bill of foreclosure. The complainant, in searching for liens, had found a judgment in favor of the United States against one Moses Jarvis ; and, presuming it to relate to the defendant Moses W. Jarvis, the United States was made a party. The district attorney had received a written stipulation, from the solicitor for the complainant, that his costs of appearing and putting in an answer should be paid to him.
Decided 1833-07-01