Perrigo v. Dowdall

Smith, P. J.:

The evidence is convincing that Thomas Dowdall conducted the defense of this action on his own account, the defendant on the record being his mother and his tenant. The action was for trespass on the plaintiff’s land, and one of the defenses set up was that the locus in quo was owned by Thomas Dowdall and he was entitled to the possession of it, and the acts constituting the alleged trespass were done by his direction. It is understood that the motion to charge Dowdall with the costs of the defense was denied on the ground that such a practice prevails only in actions of…