Lakeman v. Morse
Massachusetts Supreme Judicial Court
Assumpsit for work and labor performed by the plaintiff for the defendant, and at his request. The action was originally brought to the Court of Common Pleas, the plaintiff alleging his damages at the sum of seventy dollars. In the court below, he obtained a verdict for fifty-four dollars thirty-three cents, on which judgment was rendered.
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Assumpsit for work and labor performed by the plaintiff for the defendant, and at his request. The action was originally brought to the Court of Common Pleas, the plaintiff alleging his damages at the sum of seventy dollars. In the court below, he obtained a verdict for fifty-four dollars thirty-three cents, on which judgment was rendered. From that judgment the defendant appealed to this Court; and, upon a trial here, the plaintiff obtained a verdict for no more than seven dollars sixty-six cents.
1Opinion of the CourtSewall, J.
The question to be decided in this case is, by what rule the plaintiff’s costs are to be taxed, he having prevailed in his suit; although the verdict for him, as rendered in this Court, is of a small amount, and under twenty dollars.
The general rule is, that the party prevailing is to recover his costs; that is, to the extent of the fee-bill, or according to the fees and allowances appointed for the several courts where the proceedings have been had. But this rule has been modified by several restrictions, from time to time enacted, with a view to certain limited jurisdictions, and for the…
2Cases cited1 opinion
- Wightman v. HastingsMassachusetts Supreme Judicial Court · 1808
3Cited by2 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Chicago, Rock Island & Pacific Railway Co. v. DaugaardAppellate Court of Illinois · 1905