O'Brien v. Dunlap
Supreme Judicial Court of Maine
ÍN this case, which was trespass quare clausum fregit, the defendant pleaded several pleas, resulting in issues to the country, all of which were found against him, except one; .and judgment being rendered tn his favor for costs, he taxed, among other items, thp fees of the witnesses summoned to support the issues found against Mm. The clerk allowed the costs as taxed; from which decision the plaintiff appealed to the court.
1Opinion of the Court
Thu Chief Justice,
before whom the cause was tried, after hearing the question argued by Longfellow and Mitchell for the plaintiff, and On and Greenleaf for the defendant, certified his opinion as follows.
As to the general principle relied on by way of objection to the annexed bill by the plaintiff's counsel, viz. that no costs ought to bo taxed by the defendant for witnesses who were summoned to establish those issues which were found for the plaint iff; though according to the practice in the English courts it would be good, as I conceive, yet no such discrimination has ever been made by our…
2Cited by1 opinion
- Inhabitants of the Town of Sabattus v. BilodeauSupreme Judicial Court of Maine · 1978