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1 Wright 95

Walpole v. Griffin

Ohio Supreme Court

Decided September 15, 1832

Ohio Supreme Court · decided 1832-09-15

<p>Chancery — settlement by arbitrators — costs.</p> <p>Where the parties by themselves or arbitrators settle the controversy, except costs, the court will not examine the facts to settle the matter of costs.</p> <p>One can never come into chancery to pray a decree for costs only.</p> <p>Costs in chancery depend upon the sound discretion of the chancellor upon all the facts.</p>

Decided 1832-09-15

BY THE COURT.

¶1Costs in chancery depend upon the sound discretion, of the chancellor, to be exercised upon a consideration of 96] *the facts and merits of the case. We are unwilling to take the trouble to wade through the facts in this case, to adjust a dispute upon an item of costs, when the parties have submitted to the decision of others their controversy. Such a course would be contrary to the usual course of proceeding in chancery, 2 John. Ch. 318. Lord Hardwick, in 2 Vesey, 223, says one can never come into this court to pray a decree for costs only. In such case, each party is left to pay his own costs.

¶2[The chancellor will not look into the facts merely to determine question of costs; Campton v. Griffith, infra, 321.]

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