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20 N.H. 460

Hanson v. Effingham

Superior Court of New Hampshire

Decided January 15, 1846

Superior Court of New Hampshire · decided 1846-01-15

Petition of Ira Hanson and others, for a highway in Ossipee and Effingham. The petition was committed to the road commissioners, who reported against laying the road. The two towns thereupon moved for costs to be taxed against the petitioners, including the witnesses’ fees, at one dollar a day for attendance and six cents a mile for travel; also, the fees of the commissioners.

Decided 1846-01-15

Gtlchrist, J.

¶1By chapter 191, section 1, Revised Statutes, it is provided that costs shall follow the event of every action or petition, unless otherwise directed by law or by the court. This seems to settle that the towns of Ossipee and Effingham, who have been made parties by *461the petitioners to a suit in court, shall be entitled to costs as the prevailing parties.

¶2The fees of the witnesses who attended before the commissioners are the same as if they attended before justices. The practice has always been so to limit them. There is no ground upon which the county can be charged, the road not having been laid out. Revised Statutes, ch. 52, sees. 9, 10.

¶3Judgment for the defendants for costs.

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