Thatcher v. Weeks
Supreme Judicial Court of Maine
On exceptions from the superior court. Trover against the mayor and city marshal (H. T. Morse) of ‘ Augusta, for the value of two drums alleged to have been converted, August 20, 1885. The writ was dated November 16,. 1885. The drums were restored to the plaintiff after the commencement of the action, and the plaintiff at the trial claimed, only nominal damages for the detention of the drums.
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On exceptions from the superior court. Trover against the mayor and city marshal (H. T. Morse) of ‘ Augusta, for the value of two drums alleged to have been converted, August 20, 1885. The writ was dated November 16,. 1885. The drums were restored to the plaintiff after the commencement of the action, and the plaintiff at the trial claimed, only nominal damages for the detention of the drums. The opinion states the facts bearing upon the question raised, by the exceptions. cited: Bishop, Crim. Pro. § 212; Bullock v. Dunlap, 2 Ex. D. 43; 19 Eng. Eep. 363:. Ex parte Oraig, 4 Wash. C. C. 110.…
1Opinion of the CourtEmery, J.
One of the defendants was the city marshal of Augusta, and had arrested the plaintiff for violation of a city ordinance in beating drums. The case does not show what the officer did with his prisoner, but we may assume that he did his duty and took him within a reasonable time before the proper court for trial; we may also assume that the court duly disposed of the charge. At the time of the arrest, the officer also took from'the plaintiff the drums, and had kept them for some over three months, when the plaintiff, after demand, brought this action of trover for their value. The officer did…
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