Inhabitants of Boston v. Inhabitants of York
Supreme Judicial Court of Maine
Assumpsit. The ad damnum in the plaintiffs’ writ was laid at more than seventy dollars; and the action was brought from the Common Pleas into this Court by appeal from a judgment rendered pro forma upon a fictitious demurrer, the plaintiffs being appellants.
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Assumpsit. The ad damnum in the plaintiffs’ writ was laid at more than seventy dollars; and the action was brought from the Common Pleas into this Court by appeal from a judgment rendered pro forma upon a fictitious demurrer, the plaintiffs being appellants. On trial here, the plaintiff's had a verdict of thirteen dollars. now moved for judgment for their costs on the appeal, pursuant to Stat. 1817. ch. 185. sec. 2. which provides that “ in any personal action where the demands for “ debt or damage shall exceed the sum of seventy dollars, if the ii plaintiff in such action shall appeal to the…
1Opinion of the CourtMellen, C. J.
It was the design of the Legislature to prevent unnecessary appeals, where substantial justice had been done in the Court below. The statute seems to contemplate those cases only where there might have been a fair and full trial on the merits in that Court; but in which the plaintiff might be dissatisfied with the judgment. In the cases of Turner v. Carsley, [ante. p. 15.] and Lunt v. Knight, [ante p. 17.] we have decided that if, after such fair and full trial, the defendant obtains a verdict in the Common Pleas, and on appeal to this Court the plaintiff obtains one in his favour, this is…
2Cases cited1 opinion
- Wightman v. HastingsMassachusetts Supreme Judicial Court · 1808