Equity Pleading and Practice, Costs, Memorandum of decision.
Nothing is better settled than the rule that in a suit in equity the awarding of costs rests in the sound discretion of the trial judge.
Where in a suit in equity the trial judge before making a decree dismissing the bill filed a memorandum of decision, in which he ordered that costs should be awarded to the defendants, and, after a subsequent hearing, revoked this order for costs and ordered the entry of a decree dismissing the bill without costs, it was held that there was nothing in the action of the judge to indicate an abuse of discretion.
BY THE COURT.
This is an appeal by the defendants from a decree dismissing without costs a suit in equity. It is of no consequence that previous to the entry of the decree there had been an intimation by the trial judge that costs would be awarded to the defendants. Waucantuck Mills v. Magee Carpet Co. 225 Mass. 31, 33. Scarcely anything is better settled than that in equity costs rest in sound judicial discretion. There is nothing to indicate an abuse of discretion.
Decree affirmed with costs of this appeal.