Legal Opinion

Gilman v. Burgess

Massachusetts Supreme Judicial Court

Decided March 15, 1815Published

[ * 206 ] * In an action of assumpsit for a sum over one hundred dollars, the defendant filed his demands by way oí set-off; by means whereof the plaintiff recovered a verdict in this Court, for no more than the balance of eighteen dollars, he having brought the action here by appeal.

1Per curiam

The words of the statute are positive. Let the plaintiff tax her costs to the appeal, and the defendant his costs since the appeal.

Dexter, for the plaintiff.†

Bernard vs. Curtis, 8 Mass. Rep. 535.

2Cases cited1 opinion

  1. Barnard v. CurtisMassachusetts Supreme Judicial Court · 1812