Ellis v. Whittier
Supreme Judicial Court of Maine
On Facts agreed. Trespass. The writ was dated Aug. 16, 1849, and contained two counts; one for breaking and entering plaintiff’s close and taking a yoke of oxen and heifer, the other for taking the same property. The damages were laid at $100. The question was merely as to costs.
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On Facts agreed. Trespass. The writ was dated Aug. 16, 1849, and contained two counts; one for breaking and entering plaintiff’s close and taking a yoke of oxen and heifer, the other for taking the same property. The damages were laid at $100. The question was merely as to costs. In the late District Court, the plaintiff recovered a verdict at the December term, 1850, for taking the heifer only, $15,10, from which he appealed and recovered in the Supreme Judical Court for the oxen and heifer §13,30. But the jury found the defendant not guilty as to breaking the close. Upon these facts the…
1Opinion of the CourtAppleton, J.
— By R. S., c. 115, § 56, it is enacted, that “in all actions the party prevailing shall be entitled to his legal costs.” This general provision is to control in all cases, except when limited or restricted by some other statute.
By R. S., c. 91, § 15, which establishes the District Court and determines its jurisdiction, a limitation is imposed on the costs of the plaintiff, and they are allowed the defendant, in a certain event, in case of appeal. By R. S., c. 96, §16, the appellate jurisdiction of the Supreme Judicial Court, is “subject to the provisions of the 15th § of c. 91.” If R. S., c.…
2Cases cited1 opinion
- Billings v. SegarMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- Lew v. BraySupreme Court of Connecticut · 1908
- Cain v. FrenchCalifornia Court of Appeal · 1916
- In re GiesDistrict Court, E.D. Michigan · 1875