Ham v. Gregg

Indiana Supreme Court

Ham v. Gregg

1 Ind. 81

CourtIndiana Supreme Court

DecidedJuly 1, 1848

StatusPublished

Cited by4 cases

This text of 1 Ind. 81 (Ham v. Gregg) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ham v. Gregg, 1 Ind. 81 (Ind. 1848).

Pincite

Opinion

THE judgment in this case must be affirmed. The rule laid down in Dayton v. Hall in 8 Blackf. 556, is, that if the plaintiff makes out on the trial, in proof, a _prima facie claim to over fifty dollars, he will be entitled to costs, although the effect of the defendant’s evidence may be to reduce his right of recovery, finally, below that sum. As the evidence in this case is not upon the record, and it appears that both parties gave evidence to the jury, we cannot say the Court below erred in taxing costs,

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THE judgment in this case must be affirmed. The rule laid down in Dayton v. Hall in 8 Blackf. 556, is, that if the plaintiff makes out on the trial, in proof, a _prima facie claim to over fifty dollars, he will be entitled to costs, although the effect of the defendant’s evidence may be to reduce his right of recovery, finally, below that sum. As the evidence in this case is not upon the record, and it appears that both parties gave evidence to the jury, we cannot say the Court below erred in taxing costs,

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Bluebook (online)

1 Ind. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ham-v-gregg-ind-1848.

Opinion

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