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6 F. Cas. 877

Crosby v. Folger

U.S. District Court

Decided October 15, 1833

U.S. District Court · decided 1833-10-15

At law. The action was trover against ■four persons. No pleas were filed until October term, 1S33; no motion or call was made by the plaintiff for pleas; and no objection was made to the pleas, when filed by the plaintiff. The cause proceeded to the jury, and the plaintiff [John Crosby, Jr.] went through their side of the cause.

Relies on Brown v. Stearns

Decided 1833-10-15

THE COURT,

¶1upon the authority of Mason v. Waite, 1 Pick. 452, directed several costs to be allowed to the defendants. They thought it made no difference in a case of tort, whether the pleadings were joint or several, as to costs. See Brown v. Stearns, 13 Mass. 536.

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