Crane v. Comstock

Decided August 15, 1814

New York Supreme Court · decided 1814-08-15

THIS was an action of trespass quare clausum fregit. The jury found a verdict for the plaintiff, for forty dollars, damages,anü n’ie judge, before whom the cause was tried, certified the trespass to have been wilful and malicious. The question was, 'whether the plaintiff was entitled to recover costs, or must pay costs to the defendant.

Cited by 1 later decisions — most recently May 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1814-08-15

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Per Curiam.

¶1The act concerning costs, as it now stands, (1 N. R. L. 343. sess. 36. c. .6.) does not authorize a certificate that the trespass was wilful and malicious.(a)The plaintiff, to eufiilu himself co costs, must recover above the sum of fifty dolsars> Im*ess freehold, or title to the land, comes in question. The recovery, therefore, being under fifty dollars, the defendant is entitled to costs.

¶2 1'he eighth section of the forme act, (sess. 24. c. 170.) is omitted in the reñssá act»