Rowley v. Young
U.S. Circuit Court for the District of Connecticut
WRIT of error, This was an action on the case, brought by Young against Rowley, alleging that the plaintiff had an action Of trespass upon the statute, for cutting; trees, against the defendant, pending in the superior court, by appeal of the defendant from a judgment in favour of the plain* tiff, for 60 dollars damages and costs; that it was mutually agreed by the parties that the action should be called out, and submitted to the arbitrament and final determination of Asher…
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WRIT of error, This was an action on the case, brought by Young against Rowley, alleging that the plaintiff had an action Of trespass upon the statute, for cutting; trees, against the defendant, pending in the superior court, by appeal of the defendant from a judgment in favour of the plain* tiff, for 60 dollars damages and costs; that it was mutually agreed by the parties that the action should be called out, and submitted to the arbitrament and final determination of Asher Miller, Matthew Griswold., and Isaac Spencer, esquires, and that the costs which had arisen, and should arise thereon,…
1Opinion of the Court
By the Court,
Swift, Trumbull, Smith and Baldwin, Js.
dissenting. The cost, which arose in prosecuting the action at law, before the submission, and the cost which arose after the submission, as claimed in this action, amount to a sufficient sum to bring this case within the jurisdiction of the superior court. And if the plaintiff can recover for both these claims, the decision was right.
It has been long settled, that the cost arising under the submission may be recovered in this form; and we are of opinion, that the claim for the antecedent cost rests on the same principle. The cost in both…
2Cited by2 opinions
- Pond v. HarrisMassachusetts Supreme Judicial Court · 1873
- Miller v. . the President of Junction Canal Co.New York Court of Appeals · 1869