¶1But the Court decided otherwise. They said that in the case of Kavanagh & al. v. Askins, all the facts appeared on the record, of w'hich they were bound to take notice ; and moreover were strictly subjects of arithmetical calculation. But it was not so here, where the methods by which the different juries proceeded in making up their verdicts could not be known. In cases like the present, the only safe rule is a comparison of the two sums found, and by this rule the plaintiff is entitled to double costs.
4 Me. 66
Baker v. Appleton
Supreme Judicial Court of Maine
Decided May 15, 1826
Supreme Judicial Court of Maine · decided 1826-05-15
In this action, which was for a partial breach of the covenant 6f good right to sell, &c. in a deed of conveyance, the plaintiff had judgment in the court below, at March term 1823, for two hundred dollars ; from which the defendant appealed ; and at the last November term the plaintiff had a verdict and judgment in this court for two hundred and twelve dollars and eighty-five cents; — and the question was, whether the damages were reduced in this court, within the meaning…
Decided 1826-05-15