Simpson v. Norton
Supreme Judicial Court of Maine
Action of the case to recover damages of defendant for obstructing the plaintiff’s right of way to his grist-mill. The writ is dated May 2,1854, and returnable before a justice of the peace, from whose judgment the defendant appealed.
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Action of the case to recover damages of defendant for obstructing the plaintiff’s right of way to his grist-mill. The writ is dated May 2,1854, and returnable before a justice of the peace, from whose judgment the defendant appealed. Plea, general issue, with a brief statement of special matter of defence: — (1.) If plaintiff had any such right of passage as he sets forth, which defendant does not admit, he did not obstruct the same as plaintiff alleges; (2.) that, at the times alleged in plaintiff’s writ, he was the owner of certain land situated, &c., between the main road and the…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
This case is presented on two bills of exceptions, and also upon a motion for a new trial, on the ground that the verdict was against the weight of the evidence in the case. The evidence reported is not duly authenticated by the presiding Judge, as required by law. The motion, therefore, will not be considered.
The first bill of exceptions was allowed and filed at the September term of the Court for the county of York, 1856, at which time the case was partially heard, when the plaintiff asked leave to amend his writ, which was granted on terms,…
2Cited by4 opinions
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