Legal Opinion

City of Bath v. Miller

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 2 opinions

On Report from Pfisi Prius, Walton, J., presiding. Replevin for 1329 cords of wood, which the defendant had attached as the property of the Androscoggin Railroad Company.

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On Report from Pfisi Prius, Walton, J., presiding. Replevin for 1329 cords of wood, which the defendant had attached as the property of the Androscoggin Railroad Company. The plaintiffs claimed title under two mortgages, which are sufficiently described in the opinion, and under chapters 450 and 475 of the special laws of 1860. The plaintiffs offered evidence tending to show that coupons of the city of Bath, issued for the benefit of the railroad company, had, since the commencement of this action, been presented to the treasurer of the city of Bath for payment, and, though due, had not been…

1Opinion of the Court

*344The opinion of the Court was drawn up by

Appleton, C. J.

After the' Androscoggin Railroad Company had built their road from Farmington to Leeds, it was authorized by the Act of 1860, c. 386, to extend their road to Topsham or Brunswick, there to connect with the Kennebec Railroad'.

As it was deemed very improbable that the necessary funds for the completion of the railroad, as thus extended, would be raised by subscription, authority was given to the city of Bath to aid in the completion of the extension by the Acts of 1860, c. 450 and c. 475.

The statutes referred to recognize the " original…

2Cited by2 opinions

  1. Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
  2. Gilman v. IllinoisU.S. Circuit Court for the District of Iowa · 1874

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