Ryder v. Hathaway

Massachusetts Supreme Judicial Court

Ryder v. Hathaway

43 Mass. 96

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1840

StatusPublished

This text of 43 Mass. 96 (Ryder v. Hathaway) 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

Ryder v. Hathaway, 43 Mass. 96 (Mass. 1840).

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Opinion

Shaw, C. J.

This case came on a second time to be tried, and the question, whether the plaintiff had fraudulently intermin gled his own wood with that of the defendant, was submitted to the jury, who found a verdict for the plaintiff, and assessed damages at $ 18. The plaintiff now moves for full costs, on the ground that the title to real estate was drawn in question. Rev. Sts. c. 121, § 3.

It appearing to the court that the defendant filed a brief statement, in which he admitted the taking of all the wood, and justified on the ground that it came from his own land, they are of opinion that the title to the real estate was drawn in question, and therefore, although the plaintiff recovered less than $20, he s entitled to his full costs.

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Shaw, C. J.

This case came on a second time to be tried, and the question, whether the plaintiff had fraudulently intermin gled his own wood with that of the defendant, was submitted to the jury, who found a verdict for the plaintiff, and assessed damages at $ 18. The plaintiff now moves for full costs, on the ground that the title to real estate was drawn in question. Rev. Sts. c. 121, § 3.

It appearing to the court that the defendant filed a brief statement, in which he admitted the taking of all the wood, and justified on the ground that it came from his own land, they are of opinion that the title to the real estate was drawn in question, and therefore, although the plaintiff recovered less than $20, he s entitled to his full costs.

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Bluebook (online)

43 Mass. 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryder-v-hathaway-mass-1840.