Barron v. Ashley
Superior Court of New Hampshire
This was an action of trespass against the defendants for taking and carrying away a large number of logs belonging to the plaintiffs, from Connecticut river and its banks, and was tried upon the general issue at April term, 1827, when it appeared in evidence that a great part of the logs taken by the defendants were forfeited under the statute regulating the mode of putting pine timber into Connecticut river,, and the action was maintained only with respect to one log found…
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This was an action of trespass against the defendants for taking and carrying away a large number of logs belonging to the plaintiffs, from Connecticut river and its banks, and was tried upon the general issue at April term, 1827, when it appeared in evidence that a great part of the logs taken by the defendants were forfeited under the statute regulating the mode of putting pine timber into Connecticut river,, and the action was maintained only with respect to one log found in Vermont, and the damages assessed by the jury were only $2. It was moved by the counsel of the defendants, that the…
1Opinion of the Court
By the court.
It is a general rule of practice in our courts, to allow the prevailing party in a cause his costs. This rule is not founded upon any express legislative enactment ; but our statutes contain several provisions explaining, or limiting the application of it under certain circumstances. Some of these provisions were intended *282to/discourage vexatious suits. Others have been adopted for the purpose of restraining litigant parties to certain jurisdictions in particular cases ; or are merely explanatory of the application of the rule.
Thus there are provisions, in relation to the…
2Cases cited3 opinions
- Dennison v. PerkinsSuperior Court of New Hampshire · 1825
- Drury v. LelandSuperior Court of New Hampshire · 1821
- Gates v. WinslowMassachusetts Supreme Judicial Court · 1804
3Cited by1 opinion
- Phillips v. BennettSuperior Court of New Hampshire · 1855