Hersey v. Hutchins
Supreme Court of New Hampshire
Trespass quare elausum. At a prior term the plaintiff recovered judgment, upon the verdict of a jury against the defendant, for the possession of the locus in quo and for her taxable costs in a writ of entry. The taxable costs were paid by the defendant.
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Trespass quare elausum. At a prior term the plaintiff recovered judgment, upon the verdict of a jury against the defendant, for the possession of the locus in quo and for her taxable costs in a writ of entry. The taxable costs were paid by the defendant. The question, whether the plaintiff is entitled as a part of her damages in the present action to sums of money paid to surveyors, attorneys, and others in the prior action, was transferred from the March term, 1902, of the superior court by Stone, J.
1Opinion of the CourtChase, J.
The plaintiff relies largely upon Fowler v. Owen, 68 N. H. 270, for a decision in her favor. In that case, the question of title to the land in suit was tried and decided in favor of the plaintiff in an earlier action of trespass. The defendant retaining the possession of the premises by a tenant, notwithstanding the judgment, the plaintiff filed a bill in equity against the defendant and his tenant, and obtained a decree enjoining them to surrender the premises forthwith and ordering the issue of a writ of possession. The defendants did not obey the injunction, and the writ of possession…
2Cases cited1 opinion
- Doe v. PerkinsCourt of Appeals of Kentucky · 1847
3Cited by2 opinions
- Tau Chapter of Alpha Xi Delta Fraternity v. Town of DurhamSupreme Court of New Hampshire · 1972
- Manchester v. HodgeSupreme Court of New Hampshire · 1910