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84 Mass. 93

Bradlee v. Appleton

Massachusetts Supreme Judicial Court

Decided January 15, 1861

Massachusetts Supreme Judicial Court · decided 1861-01-15

<p>The defendants in a bill in equity, after a final decree in their favor, without costs, entered at a previous term, moved for a rehearing upon the question of costs, upon which they had not been heard.</p>

Decided 1861-01-15

By the Court.

¶1This motion comes too late. After the entry of a final decree, which embraces and definitively settles the whole case, and terminates the cause and removes it from the docket, it will not be reopened for the mere purpose of revising the order as to costs. If any motion or suggestion was to be made on that subject, the proper time to do it was when the case was before the court on the hearing on the merits for the purpose of finally disposing of the cause.

¶2 Motion overruled.

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