Butterfield v. Caverly

This is a writ of error to reverse a judgment of this court, in an action of trespass for an assault and battery, in which the plaintiff had a judgment for one dollar damages and full costs. The only error assigned is, that judgment should have been rendered for costs to the amount only of one quarter part of the damages recovered.

The question depends upon the Rev. Sts. c. 121, § 3, which provides, that in all personal actions brought originally in the court of common pleas, except actions of replevin and of tres*276pass on real estate, and actions on the case for disturbance of an easement, and…