Shurtleff v. Hutchins
Massachusetts Supreme Judicial Court
Trespass for an assault and battery alleged to have been committed on the female plaintiff. The defendant pleaded the general issue, and filed the “ following specification of the grounds of his defence : 1. Assault by wife of said William. And 2. Self defence. 3. Defence of his property, being tenants in common. 4. Tenants in common, and, as such, defendant acted in- defence of the property.”
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Trespass for an assault and battery alleged to have been committed on the female plaintiff. The defendant pleaded the general issue, and filed the “ following specification of the grounds of his defence : 1. Assault by wife of said William. And 2. Self defence. 3. Defence of his property, being tenants in common. 4. Tenants in common, and, as such, defendant acted in- defence of the property.” At the trial in the court of common pleas, in which the action was commenced, the plaintiffs admitted that they and the defendant were tenants in common of a farm in Chelmsford, upon which the alleged…
1Opinion of the CourtWilde, J.
The only question in this case is, whether the plaintiffs are entitled to full costs ; and that depends on the question whether, by the defence, the title to real estate was concerned or brought in question at the trial. By the Rev. Sts. c. 121, <§> 3, “ in all personal actions, except actions of replevin,” &c. “ in which the title to real estate may be concerned, if the plaintiff shall finally recover any sum not exceeding twenty dollars, for debt or damages, whether in the court of common pleas or in the supreme judicial court, he shall be entitled, for his costs, to no more than one…
2Cases cited1 opinion
- Carson v. CarsonCourt of Appeals of Kentucky · 1859