Forsaith v. Clogston
Superior Court of New Hampshire
Th-s was an action, of trespass quare clausum fregit, and was tried here, at October term, 1825. The defendant, at April term,1825, pleaded the general issue, and with the plea ere notice, that the title of the plaintiff would not be disputed. On the trial the plaintiff’s title was admitted ; and ihe ju:y found for the plaintiff, and assessed the damage in the sum of three dollars.
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Th-s was an action, of trespass quare clausum fregit, and was tried here, at October term, 1825. The defendant, at April term,1825, pleaded the general issue, and with the plea ere notice, that the title of the plaintiff would not be disputed. On the trial the plaintiff’s title was admitted ; and ihe ju:y found for the plaintiff, and assessed the damage in the sum of three dollars. The plaintiff moved the court to allow full costs in the case, on the,ground, that, previous to April term, 1825, the plaintiff’s attorney requested the defendant to admit the title to be in the plaintiff, which he…
1Opinion of the CourtRichardson, C. J.
The statute of June 16, 1791, section .6, contained tiie following clause, “ And in all actions of trespass quart clcmmrn li fregit, where the title of real estate is not in question, if “ the damages, found or assessed by the jury, do not amount “ to forty shillings, the court may, if they think proper, al-u low only such sum in costs, as they shall think proper, not u exceeding the damages assessed by the jury.” 1 N. H. Laws 166. The statute of June 30, 1825, contains a clause in the same words. And the question to be decided is, whether, in this case, the title of real estate was in…
2Cases cited2 opinions
- Commonwealth v. PetersMassachusetts Supreme Judicial Court · 1806
- Heaton v. FerrisNew York Supreme Court · 1806
3Cited by3 opinions
- Pritchard v. AtkinsonSuperior Court of New Hampshire · 1828
- Dame v. WingateSuperior Court of New Hampshire · 1841
- Town of Rumney v. Town of EllsworthSuperior Court of New Hampshire · 1827