Morse v. Reed
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. “ Somerset ss. —■ District Court, January Term, 1848. “ Nathaniel W. Morse v. Sheldon Reed. “ This is an action of replevin for cattle impounded, commenced before a justice of the peace. The general issue only was pleaded, before the justice.
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Exceptions from the Middle District Court, Redington J. presiding. “ Somerset ss. —■ District Court, January Term, 1848. “ Nathaniel W. Morse v. Sheldon Reed. “ This is an action of replevin for cattle impounded, commenced before a justice of the peace. The general issue only was pleaded, before the justice. At a former term of the District Court, the defendant had been permitted to file the brief statement, though objected to by plaintiff, and now the action coming on for trial, plaintiff still objects to the brief statement being used, and to any evidence given under it, but the Judge…
1Opinion of the Court
Wells J.
This was an action of replevin, for cattle im*490pounded. It was commenced originally before a justice of the peace. Non cepit was pleaded before the justice, and the action was removed, by appeal, to the District Court, in which a brief statement was filed, avowing the taking, in the enclosure of the defendant, damage feasant. A counter brief statement was made, denying, that the place, where the cattle were taken, was the enclosure of the defendant. The statement of the pleadings, in the District Court, we gather from the arguments of the counsel.
Whether the permission was properly…
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