Douglass v. Nichols
Massachusetts Supreme Judicial Court
Appeal from the taxation of costs in an action of contract upon an account annexed for $25, for work and labor, brought originally in the Superior Court. The jury returned a verdict for the plaintiff in the sum of $20, with interest from the date of the writ, $1.16, making a total of $21.16. Judgment was ordered for the plaintiff upon the verdict, and costs were taxed for him by the clerk; from which taxation the defendant appealed to the court.
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Appeal from the taxation of costs in an action of contract upon an account annexed for $25, for work and labor, brought originally in the Superior Court. The jury returned a verdict for the plaintiff in the sum of $20, with interest from the date of the writ, $1.16, making a total of $21.16. Judgment was ordered for the plaintiff upon the verdict, and costs were taxed for him by the clerk; from which taxation the defendant appealed to the court. The court affirmed the taxation; and the defendant appealed to this court.
1Opinion of the Court
Morton. C. J.
In personal actions brought originally in the Superior Court, except actions of replevin, if the plaintiff finally recovers a sum not exceeding twenty dollars for debt or damages, he is entitled to no costs, except when the title to real estate or an easement is concerned, or when his claim originally exceeded twenty dollars, and is reduced by set-offs to twenty dollars or less; but if he recovers more than twenty dollars, he is entitled to full costs. Pub. Sts. c. 198, §§ 1, 5-7.
*471In the case before us, the jury returned a verdict for the plaintiff for $21.16. Of this, $20 was for…
2Cases cited2 opinions
- First Baptist Society v. City of Fall RiverMassachusetts Supreme Judicial Court · 1875
- Kidder v. Inhabitants of OxfordMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Roketenetz v. Woburn Daily Times, Inc.Massachusetts Appeals Court · 1973
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- Weber Chimney Co. v. RileyNorth Dakota Supreme Court · 1918