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8 Mass. 313

Davis v. Hastings

Massachusetts Supreme Judicial Court

Decided October 15, 1851

Massachusetts Supreme Judicial Court · decided 1851-10-15

This was an action of replevin for six cows, commenced in the court of common pleas.

Decided 1851-10-15

Shaw, C. J.

¶1It is now settled, though formerly it was considered otherwise, that where an action is dismissed on motion for want of jurisdiction, the defendant is entitled to costs. Cary v. Daniels, 5 Met. 236; Jordan v. Dennis, 7 Met. 590; Hunt v. Hanover, 8 Met. 343. The only question in the present case is, whether the defendants having pleaded severally are entitled to several costs; and we think they are, having pleaded and moved severally. Mason v. Waite, 1 Pick. 456; Ewer v. Beard, 3 Pick. 64; West v. Brock, 3 Pick. 303 ; Fales v. Stone 9 Met. 316.

¶2*315In taxing several costs for the defendants, however, it will be understood, that expenses incurred for the use of all, as depositions and the like, for the common benefit, can be taxed against the plaintiff but once only.

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