Legal Opinion

Crosby v. Lovejoy

Superior Court of New Hampshire

Decided December 15, 1833PublishedCited by 3 opinions

This was an action of trespass, qucm clausum fregit.— The defendants pleaded severally ; and a verdict having been returned in their favor, at September term, 1832, B. M. Farley, their counsel, moved the court to allow the defendants their costs severally.

1Opinion of the Court

Richardson, C. J,

delivered the opinion of the court.

In trespass against several, if judgment be rendered against some, and in favor of the other, defendants, then the practice is to allow those defendants, who obtain judgment, their costs. 3 Mass. Rep. 408, Galloway v. Pitman; 10 ditto, 56, Durgin v. Leighton; 13 ditto, 536, Brown v. Stearns.

And when in such a case the defendants plead severally, and more than one obtain judgment, each of them is entitled to costs severally. 3 Pickering, 303, West v. Brock; 1 Pickering, 458, Mason v. Waite.

But when the defendants join in their plea, if two…

2Cases cited1 opinion

  1. Galloway v. PitmanMassachusetts Supreme Judicial Court · 1807

3Cited by3 opinions

  1. Eames v. StevensSuperior Court of New Hampshire · 1852
  2. Currier v. GraftonSuperior Court of New Hampshire · 1853
  3. Ticknor v. HarrisSuperior Court of New Hampshire · 1844

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