Inhabitants of Billerica v. Inhabitants of Carlisle
Massachusetts Supreme Judicial Court
In the former action, the inhabitants of Carlisle were plaintiffs, and recovered judgment, on a verdict, for 16 dollars 11 cents damage, and 106 dollars 75 cents costs of suit. The inhabitants of Billerica paid the amount of the judgment, and brought their writ of review.
Read the full summary
In the former action, the inhabitants of Carlisle were plaintiffs, and recovered judgment, on a verdict, for 16 dollars 11 cents damage, and 106 dollars 75 cents costs of suit. The inhabitants of Billerica paid the amount of the judgment, and brought their writ of review. Upon the trial of the review, the former plaintiffs recovered only 10 dollars 11 cents damage; and the counsel for the plaintiffs in review insisted that, within the equity of the statute which provides that, in all actions where the title to real estate does not come in question, a plaintiff recovering less than 4 pounds…
1Opinion of the Court
By the Court.
The statute granting this writ of review, from which our whole authority in this case is derived, expressly provides that, where an original defendant reviews an action wherein judgment has been rendered against him, if he shall obtain a reversal *154of such judgment in part, he shall be entitled to the costs of the review, and to a restoration of so much of the [*159] * damages paid by him, in satisfaction of the former judgment, as that judgment may have exceeded the judgment upon the review ; but the statute does not entitle him to a restoration of any part of the costs of the former…
2Cases cited1 opinion
- Lincoln v. GouldingMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Galloway v. PitmanMassachusetts Supreme Judicial Court · 1807
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940