JOHNSTON, C. J.
By virtue of sections 1 and 3 of chapter 397 of the Revised Laws, the awarding of costs is discretionary with the Superior Court. Mudgett v. Melvin, 66 N.H. 402, and cases cited.
The term "costs" includes those taxed for proceedings in the Supreme Court as well as in the Superior Court in the same case. When the two courts were established in 1901, their jurisdiction was determined as follows: "The Supreme Court hereby established...
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