Lincoln v. Goulding
Massachusetts Supreme Judicial Court
In the original action, of which this is a review, the plaintiff recovered eleven dollars damage. The Court adjudged him full costs, being of opinion that he had a reasonable expectation of recovering larger damages than four pounds (1). The plaintiff brought this review, with a view of obtaining larger damages. He recovered but one cent on the review.
1Opinion of the Court
The next day the Chief Justice observed that the Court had attended to the question, and were all of opinion that where, upon a review, the former judgment is not reversed in whole, the Court has no jurisdiction of the costs of the first trial. Full costs were allowed by the Court, pursuant to the power vested in them by the statute. The equity is with the defendant, who rested [ * 235 ] satisfied with the former judgment, but * the whole, which he is legally entitled to, is the difference between the damages recovered in the original suit, and those now found, together with the costs of the…
2Cited by2 opinions
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