Warren v. Waldron

Decided October 15, 1871

Massachusetts Supreme Judicial Court · decided 1871-10-15

Writ oe entry, dated November 29,1869. Plea, nul disseisin. The case was referred, under an agreement of the parties, by a rule of the superior court at March term 1870, to an arbitrator, judgment upon his report to be final and execution to issue accordingly. Pending the proceedings before the arbitrator, the court in September 1870 allowed the tenant to plead disclaimer as to part of the demanded premises, upon terms of payment of a double term fee by him to the demandants.

Cited by 1 later decisions — most recently November 1884

1 state decisions

Relies on Nelson v. Andrews · Inhabitants of Greene v. Inhabitants of Monmouth

Good law ✅— No negative treatment on recordhow we know

Decided 1871-10-15

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By the Court.

¶1The action having been referred by rule of court, the referee had exclusive jurisdiction of the question of costs. Nelson v. Andrews, 2 Mass. 164. Moore v. Heald, 7 Mass. 467. Loud v. Hobart, 2 Cush. 325. Jones v. Carter, 8 Allen, 431. Gen. Sts. c. 156, § 21. The judgment should have followed the award. The court had allowed the tenant to amend upon payment of a double term fee, but had not required the further condition of taking no costs prior to that time. Consequently the tenant, upon the acceptance of the award, was entitled to tax his costs prior to the amendment, and the clerk taxed them rightly, and the court afterwards erred in apportioning them.

¶2Taxation of costs by the clerk affirmed.