Crosby v. Folger
U.S. Circuit Court for the District of Massachusetts
At law. The action was trover against ■four persons. No pleas were filed until October term, 1S33; no motion or call was made by the plaintiff for pleas; and no objection was made to the pleas, when filed by the plaintiff. The cause proceeded to the jury, and the plaintiff [John Crosby, Jr.] went through their side of the cause.
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At law. The action was trover against ■four persons. No pleas were filed until October term, 1S33; no motion or call was made by the plaintiff for pleas; and no objection was made to the pleas, when filed by the plaintiff. The cause proceeded to the jury, and the plaintiff [John Crosby, Jr.] went through their side of the cause. The defendants [Philip P. Folger and others] stated their case, and put in some of their evidence, when the court intimated an opinion against the plaintiffs, and they became nonsuit. The defendants now moved for several costs of travel, and attendance, and attorney's…
1Opinion of the Court
THE COURT,
upon the authority of Mason v. Waite, 1 Pick. 452, directed several costs to be allowed to the defendants. They thought it made no difference in a case of tort, whether the pleadings were joint or several, as to costs. See Brown v. Stearns, 13 Mass. 536.
2Cases cited1 opinion
- Brown v. StearnsMassachusetts Supreme Judicial Court · 1816