Legal Opinion

Lincoln v. Goulding

Massachusetts Supreme Judicial Court

Decided September 15, 1807PublishedCited by 2 opinions

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

  1. Galloway v. PitmanMassachusetts Supreme Judicial Court · 1807
  2. Inhabitants of Billerica v. Inhabitants of CarlisleMassachusetts Supreme Judicial Court · 1806

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