Crosby v. Moore
Superior Court of New Hampshire
Trespass, quart clausum fregit. The cause was tried here, at February terai, 1832, and a verdict returned in favor of the plaintiff, with $3,42 damages. The first count was for breaking and entering, a small close, the title to which was in question on the trial. The second count was for breaking and entering a larger close, which included the close mentioned in the first count.
Read the full summary
Trespass, quart clausum fregit. The cause was tried here, at February terai, 1832, and a verdict returned in favor of the plaintiff, with $3,42 damages. The first count was for breaking and entering, a small close, the title to which was in question on the trial. The second count was for breaking and entering a larger close, which included the close mentioned in the first count. The title to no part of the close, described in the second count, was in question on the trial, except to that part described in the first count. The jury found for the defendant, upon the first count, and stated,…
1Opinion of the Court
By the court.
The statute enacts, that “ in all actions of trespass quare clausum fregit, when the title of real estate ⅛ not in question, if the damages, found by the jury, do not amount to $13,33, the court may allow only such sum, in costs, as they shall think proper, not exceeding the sum found by the jury.” We are of opinion that the title to real estate was not, in this case, so in question as to entitle the plaintiff to full costs. So far as such title was in controversy, between the parties, the defendant feas prevailed $ and if the suit had been brought only for the Injury the…
2Cited by1 opinion
- Pevare v. TowneSupreme Court of New Hampshire · 1876