Stubbs v. Pratt
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of trespass quare clausum, in which the jury returned a verdict for the defendant.
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On motion and exceptions. This was an action of trespass quare clausum, in which the jury returned a verdict for the defendant. Besides a general motion for a new trial, the plaintiff filed a bill of exceptions which the presiding justice signed, adding a memorandum as follows: " The foregoing bill of exceptions states the rulings correctly and is allowed, if lawfully allowable under Bule XVIII, under the following statement: At the close of the charge the presiding justice asked the jury to remain in their seats, and then inquired of both counsel, if they desired any modification of the…
1Opinion of the CourtWalton, J.
This is an action of trespass for cutting timber on the plaintiff's land. At the trial in the court below the defendant obtained a verdict, and the case is brought into this court on motion of the plaintiff for a new trial.
We think the motion must be sustained. No one can read the evidence and for a moment doubt that the defendant cut timber in considerable quantities on the plaintiff’s land. The defendant denies the fact but feebly, while his counsel in his brief furnished to this court, does not deny it at all. He rests his client’s case on an allegation that during a negotiation between…
2Cases cited3 opinions
- Rock v. MathewsWest Virginia Supreme Court · 1891
- Evans v. MillerMississippi Supreme Court · 1880
- Hatfield v. WorkmanWest Virginia Supreme Court · 1891
3Cited by5 opinions
- Boston & Maine Railroad v. Hannaford Bros.Supreme Judicial Court of Maine · 1949
- Card v. NickersonSupreme Judicial Court of Maine · 1954
- Hooper v. BailSupreme Judicial Court of Maine · 1935
- Augusta Trust Co. v. Augusta, Hallowell & Gardiner RailroadSupreme Judicial Court of Maine · 1936
- Johnson v. BradburyDistrict Court, D. Maine · 1921