Loud v. Hobart
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced in the court of common pleas, to recover the sum of twenty-seven dollars and thirty-four cents, according to the account annexed to the writ. The action was duly entered ; and the parties agreed to submit the same to an arbitrator, no claim in set-off being then filed by the defendant.
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This was an action of assumpsit, commenced in the court of common pleas, to recover the sum of twenty-seven dollars and thirty-four cents, according to the account annexed to the writ. The action was duly entered ; and the parties agreed to submit the same to an arbitrator, no claim in set-off being then filed by the defendant. At a subsequent term of the court, the arbitrator awarded as follows: — “ That having heard their several pleas, allegations and arguments, and examined the account of the said Loud hereto annexed, and compared the same with his book account, and also examined the…
1Opinion of the CourtWilde, J.
The question in this case is, whether the plaintiff is entitled to full costs. The counsel for the defendant contends, that by the Rev. Sts. c. 121, § 3, the plaintiff is entitled to no more than a quarter part of the debt recovered. But we are of opinion, that a judgment rendered upon the report of arbitrators is not within the statute. It was so decided in the case of Moore v. Heald, 7 Mass. 467, upon the construction of a similar provision in the statute of 1807, c. 123.
So the provision does not extend to cases where the damages are reduced within the limits fixed by the statute, by reason…
2Cases cited1 opinion
- Barnard v. CurtisMassachusetts Supreme Judicial Court · 1812