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Nelson vs. Montgomery and others

New York Court of Chancery1833-07-01
1 Edw. Ch. 657

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Vice-Chancellor.

I am of opinion the costs of the district attorney for the United States are not a charge upon the surplus money in court. The consequences of making a wrong party to the bill, coupled with the stipulation, require that payment of these costs should be borne by the complainant or his solicitor. They ought not fall upon a party entitled to the residue.