Dodge v. Reed
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Writ op Review. The defendant sued out a writ of replevin against the plaintiff in review, for lumber, before a justice of the peace, in which the plaintiff in review was defaulted and judgment was rendered for §20 damages, with the costs of suit, and execution issued therefor. A review was granted, and on trial, the original plaintiff recovered the lumber and one cent damages.
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On Report from Nisi Prius, Hathaway, J., presiding. Writ op Review. The defendant sued out a writ of replevin against the plaintiff in review, for lumber, before a justice of the peace, in which the plaintiff in review was defaulted and judgment was rendered for §20 damages, with the costs of suit, and execution issued therefor. A review was granted, and on trial, the original plaintiff recovered the lumber and one cent damages. The plaintiff in review claimed costs as the prevailing party. It was agreed to submit that matter to the decision of the full Court. 1. The jury having found that…
1Opinion of the CourtTenney, J.
The question in this case is, whether the plaintiff in review is the. prevailing party, and so entitled to his costs by R. S., c. 124, § 10.
In the case of Bruce v. Learned, 4 Mass. 614, the Court say, “it has been the immemorial usage in reviews of actions, in which debts, or damages, or lands, have been demanded, if the plaintiff has failed in recovering his just demand, or has recovered more in the original suit, to consider the party, in whose favor the error has been corrected, the prevailing party, and entitled to his costs.” In the cases of Erving, plaintiff in error, v. Pray, 1 Greenl.…
2Cases cited1 opinion
- Bruce v. LearnedMassachusetts Supreme Judicial Court · 1808