6 Cal. 101
Decided July 1, 1856
California Supreme Court · decided 1856-07-01
The plaintiff brought his action to abate a nuisance, and for damages. The jury .found a verdict for the plaintiff, and assessed the damages at one dollar. The Court entered up judgment for plaintiff, with costs, amounting to $206 75, from which the defendant appealed.
Cited by 2 later decisions — most recently December 1900
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1856-07-01
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¶1Mr. Justice Terry concurred. •
¶2The object of the action was to abate a nuisance. The prayer for damages was only incident to the objects If the plaintiff had recovered no damages, he would be entitled to his costs. His recovery, therefore, of damages less than two hundred dollars, cannot operate to deprive him of this right.
¶3Judgment affirmed.