Legal Opinion
Jones v. Lane
Supreme Court of New Hampshire
Decided June 5, 1885Published
Trespass qu. cl. The title to real estate was not in question. Damages were assessed by tbe court at twelve dollars. The defendant moved that the costs be limited to twelve dollars, claiming it as matter of right. The court denied the motion, and the defendant excepted.
1Opinion of the CourtBingham, J.
The costs should have been limited to the amount of the verdict, or a less sum.
“ In actions of trespass to real estate commenced in the supreme court, where the title to real estate is not in question, the court shall allow so much costs as they think just, not exceeding the damages recovered in case they do not exceed thirteen dollars and thirty-three cents.” G-. L., a. 233, s. 5.
The construction given this statute is, that, when the damages in an action of trespass to real estate commenced in the supreme court are less than thirteen dollars and thirty-three cents, the court shall allow no…
2Cases cited1 opinion
- Pevare v. TowneSupreme Court of New Hampshire · 1876