Hudson v. Doyle
California Supreme Court
Hudson v. Doyle, 6 Cal. 101 (Cal. 1856)
Heydefeldt
Hudson v. Doyle
Opinion of the Court
Mr. Justice Terry concurred. •
The 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.
Judgment affirmed.
Reference
- Full Case Name
- HUDSON v. DOYLE
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- In an action to abate a nuisance, damages are only an incident to the action, and the failure to recover them does not affect the question of costs.