Legal Opinion

Burnham v. Ross

Supreme Judicial Court of Maine

Decided July 1, 1860Published

This was an action of trespass quare clausum, fregit, for breaking and entering the plaintiff’s close, with counts for cutting and carrying away pine trees, &c. The verdict was for the plaintiff for §5,87 damages. The presiding Judge, Goodenow, J., ordered the clerk to make an entry on his docket, restricting the plaintiff to costs equal only to one quarter of the amount of damages recovered.

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This was an action of trespass quare clausum, fregit, for breaking and entering the plaintiff’s close, with counts for cutting and carrying away pine trees, &c. The verdict was for the plaintiff for §5,87 damages. The presiding Judge, Goodenow, J., ordered the clerk to make an entry on his docket, restricting the plaintiff to costs equal only to one quarter of the amount of damages recovered. The plaintiff excepted. •The general provision of law gives full costs to the prevailing party. Ellis v. Whittier, 37 Maine, 548; Lawrence v. Ford, 44 Maine, 427. Any statute modifying this rule is to be…

1Opinion of the Court

The opinion of the Court was drawn up by

Appleton, J.

It is provided by R. S., 1841, c. 116, § 1, that “ every justice of the peace” * * “ shall have original and exclusive jurisdiction of all civil actions wherein the debt or damages demanded do not exceed twenty dollars; excepting real actions, actions of trespass on real estate, actions for disturbance of a right of way, or of any other easement, and all other actions where the. title to real estate, according to the pleadings with brief statement, filed in the case by either party, may be in question,” &c.

By R. S., 1857, c. 83, § 1, every…

2Cases cited1 opinion

  1. Crocker v. BlackMassachusetts Supreme Judicial Court · 1820

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