Legal Opinion

McGillicuddy v. Edwards

Supreme Judicial Court of Maine

Decided April 9, 1902PublishedCited by 1 opinion

Exceptions by claimant. Petition to enforce a lien on a horse the property of Jonas Edwards, of Auburn, Androscoggin county, for food and shelter under R. S., c. 91, § 41, as amended by statute of 1887, c. 1, and begun in the Bath Municipal Court, where the claimant moved its dismissal for want of jurisdiction by that court. His motion was overruled and the lien sustained. The claimant appealed to this court, sitting at nisi prius, where the motion to dismiss was overruled.

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Exceptions by claimant. Petition to enforce a lien on a horse the property of Jonas Edwards, of Auburn, Androscoggin county, for food and shelter under R. S., c. 91, § 41, as amended by statute of 1887, c. 1, and begun in the Bath Municipal Court, where the claimant moved its dismissal for want of jurisdiction by that court. His motion was overruled and the lien sustained. The claimant appealed to this court, sitting at nisi prius, where the motion to dismiss was overruled. He then brought the case. to the law court, upon exceptions to the overruling his motion.

1Opinion of the CourtSavage, J.

Petition to enforce a lien for board of a horse. The sole question presented by the bill of exceptions is whether, since the enactment of c. 262 of the Laws of 1901, a municipal- or police court has jurisdiction of proceedings to enforce liens for pasturing, feeding or sheltering animals, under R. S., c. 91, § 41, in cases where the alleged owner of the animals does not reside within the county within which such court is established. • The act of 1901 in question provides that “ a municipal or police court shall not have jurisdiction in any civil matters unless the defendant resides within…

2Cited by1 opinion

  1. Choate v. AdamsSupreme Judicial Court of Maine · 1978

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