Maine Bank v. Osborn , 13 Me. 49 ( 1836 )

The opinion of the Court, Emery J. not sitting on account of interest, was afterwards delivered by

Weston C. J.

This case is not distinguishable from Gilmore v. Carr, 2 Mass. R. 171. That case is not overruled by Porter v. Ingraham, 10 Mass. R. 88. Indeed the Court in the latter decision, state very expressly, that there are esseutkl grounds of difference between them ; and that they do not overrule the former case. Costs depend here upon our own statutes ; and cannot be affected by the law or practice of other States. The plaintiff’s motion for costs is overruled ; but as the defendant has no merits, we do not take off the default, for the purpose of awarding costs in his favor.