Ward v. Bartlett
Superior Court of New Hampshire
THIS was an action of trespass, for breaking and entering the plaintiffs house and taking and carrying away certain articles of household furniture. The defendants, as to the force and arms. &c. pleaded not guilty, and as to the entry, taking and carrying away, &c. justified under a writeoff attachment against the plaintiff, in favor of Daniel Stevens, and alleged that the outer door of the house was open at the time of the entry, &c.
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THIS was an action of trespass, for breaking and entering the plaintiffs house and taking and carrying away certain articles of household furniture. The defendants, as to the force and arms. &c. pleaded not guilty, and as to the entry, taking and carrying away, &c. justified under a writeoff attachment against the plaintiff, in favor of Daniel Stevens, and alleged that the outer door of the house was open at the time of the entry, &c. The plaintiff replied that the outer door of the house, at the time of the entry, &c. was not open, The defendants moved that the plaintiff be restricted in his…
1Opinion of the CourtBell, J.
The act <! for the limitation of actions and for the preventing of vexatious suits,” provides that “ in all “actions of trespass quare clausum fregit, where the title “of real estate is not in-question, if the damages found or “assessed by the jury do not amount to forty shillings, the “court may, if they think proper, allow only such sum in “costs as they shall think proper, not exceeding the dam- “ ages assessed by the jury.”(1) It is very clear that, by , • , , J this statute, courts are vested with some discretionary power in relation to costs in actions of trespass quare clausum fregit,…
2Cited by2 opinions
- Pevare v. TowneSupreme Court of New Hampshire · 1876
- Town of Rumney v. Town of EllsworthSuperior Court of New Hampshire · 1827