Hudson v. Doyle
California Supreme Court Jul 1, 1856Published
Before: Heydefeldt
Synopsis
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.
The opinion opinion of the Court was delivered by by Mr. Justice Heydefeldt. 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.
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