¶1This being one of the cases enumerated in the statute, “ trespass on real estate,” full costs are given by statute. Rev. Sts. c. 121, §§ 1, 3. Sawyer v. Ryan, 13 Met. 148Murray v. Watson, 12 Cush. 457. The tender, although it admitted the cause of action, did not change the express rule of the statute for the taxation of costs. Exceptions overruled.
77 Mass. 486
Reed v. Wilson
Massachusetts Supreme Judicial Court
Decided October 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-10-15
Action of tort, begun in the court of common pleas in Bristol, for turning cattle upon the plaintiffs’ close. Before the entry of the writ, the defendant made a tender to the plaintiffs, which was not accepted; and afterwards brought the money into court, and pleaded the tender in the answer. Upon the trial, a verdict was returned for the plaintiffs for more than the amount tendered, but less than twenty dollars. The clerk allowed the plaintiffs full costs.
Decided 1858-10-15