Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts Volume 59 by Massachusetts Supreme Court
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1855 Excerpt: ... Commonwealth v. Taylor. appeal would ever be even claimed. But this does not indicate, that if a case should occur, where others were interested than the county, whose agents the commissioners are, an appeal would not lie. If land damages were to be paid by the towns in which the land was situate, as they formerly were, the statute would well authorize such towns to demand an assessment by a jury. The court are of opinion, that a reasonable construction of the act incorporating the Hadley Falls company gives that company, as well as the petitioners, the right to a jury to revise the damages awarded by the county commissioners. The case was properly brought before the jury, therefore, and the only remaining question is that of the right to costs. The damages were reduced, but no provision exists applicable to'such cases in reference to these damages; and of course no costs can be taxed in favor of the petitioners, and the respondents will be entitled to the taxable costs as the prevailing party.. ' The petitioners, under the provisions of this act, " that all expenses accruing under such application to and determination of the county commissioners shall be borne by the Hadley Falls company," now ask to tax all their expenditures for counsel-fees in the prosecution of their claims, although we should allow a liberal taxation for all expenditures for plans, surveys, ice. We cannot suppose that the legislature intended to embrace counsel-fees in the above provision, and the claim must therefore be disallowed. Commonwealth Vs. Milo A. Taylor. The number and check letter of a forged bank-bill, and the words in the margin, need not be set forth in an indictment for uttering and passing it as true. On a trial at Northampton, for uttering as true a forged bank-bill, ...
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