Fisher v. Carpenter
Supreme Court of New Hampshire
The first case-is Trespass, qu. cl., for breaking and entering the plaintiff’s close in Woodstock; and the second CASE is a Bill in Equity, for an injunction to restrain the defendant from continuing the trespasses complained of in the first case, and from constructing a roadway over the plaintiff’s close. Trial by the court.
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The first case-is Trespass, qu. cl., for breaking and entering the plaintiff’s close in Woodstock; and the second CASE is a Bill in Equity, for an injunction to restrain the defendant from continuing the trespasses complained of in the first case, and from constructing a roadway over the plaintiff’s close. Trial by the court. The court found that a line between the parties, which was formerly a range line, had by agreement of their predecessors in title been shifted from the true position of the range line, and that another divisional line between them had likewise been shifted by agreement…
1Opinion of the CourtBlodgett, J.
In the suit for trespass it cannot properly be said, as matter of law, that upon the facts and evidence reported it was not competent for the trial justice to find both an agreed range line and an agreed divisional line between the parties. There was clearly evidence which might warrant the findings, and no question of law is presented by an exception to its weight.
The limitation of the plaintiff’s costs to the amount of his damages (ten cents) was not erroneous. “In this state it is within the discretion of the court to limit the costs of the prevailing party, or to refuse to allow any costs…
2Cases cited2 opinions
- Hunter v. CarrollSupreme Court of New Hampshire · 1888
- Perkins v. FoyeSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922