Hyperlawhypertext legal database Leonard v. Freeman 3 Cai. 171

← Cases

Leonard v. Freeman

3 Cai. 171 Court N.Y. Sup. Ct. English

Contents

Majority

p. 171
Nathan Leonard against Eli Freeman.
ALBANY,
August, 1805.

Headnote

IT appeared on the return to the certiorari, that the action in the court below, and in which a recovery had taken place, was instituted for expenses incurred in going to Albany, to swear to an answer to a bill filed by the now plaintiff, against the present defendant.
The court of Chancery has exclusive jurisdiction over the question of costs accrued in that court.

The judgment must be reversed. The court of Chancery has the exclusive right to determine questions of costs in suits before it; and though the ground of the action might have been a vexatious bill, the justice could not have any cognizances