Brown v. Stearns

Massachusetts Supreme Judicial Court

Brown v. Stearns

13 Mass. 536

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1816

StatusPublished

Cited by2 cases

This text of 13 Mass. 536 (Brown v. Stearns) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Stearns, 13 Mass. 536 (Mass. 1816).

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Opinion

By the Court.

There seems to be no good reason why the defendant, who has been acquitted, and whose innocence is thus established, should not recover his costs. It is plain from the verdict, that the plaintiff had no cause of action against him ; as between him and the plaintiff, he is the prevailing party. The verdict has severed the two defendants as effectually as their pleading several pleas would have done. Let costs be taxed for the defendant, in whose behalf the motion was made.

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By the Court.

There seems to be no good reason why the defendant, who has been acquitted, and whose innocence is thus established, should not recover his costs. It is plain from the verdict, that the plaintiff had no cause of action against him ; as between him and the plaintiff, he is the prevailing party. The verdict has severed the two defendants as effectually as their pleading several pleas would have done. Let costs be taxed for the defendant, in whose behalf the motion was made.

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Bluebook (online)

13 Mass. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-stearns-mass-1816.

Opinion

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