Frost v. Rowse
Supreme Judicial Court of Maine
Debt on Stat. 1821, ch. 168, for taking the plaintiffs’ logs. In the declaration it was alleged that the defendants “ did “ take, carry away, saw, split, destroy and convert to their “ own use one pine mill-log, of the value of ten dollars, the “ property of the plaintiffs, put by them into the river called “ the great Androscoggin, and marked by their mark, to wit, “ &c. cut out thereon with an axe; which log the said — defend- “ ants — did take, carry away, saw, split,…
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Debt on Stat. 1821, ch. 168, for taking the plaintiffs’ logs. In the declaration it was alleged that the defendants “ did “ take, carry away, saw, split, destroy and convert to their “ own use one pine mill-log, of the value of ten dollars, the “ property of the plaintiffs, put by them into the river called “ the great Androscoggin, and marked by their mark, to wit, “ &c. cut out thereon with an axe; which log the said — defend- “ ants — did take, carry away, saw, split, destroy and convert “ to their own use, without the consent of the plaintiffs, and “ contrary to the form of the statute in…
1Opinion of the Court
Mellen C. J.
delivered'the opinion of the Court as follows.
On the plaintiffs’ exceptions two reasons appear to have been assigned by the presiding Judge in the Court below for directing a nonsuit.
As to the first reason assigned, it appears by an examination of the section of the statute on which the action is founded, that it Is not necessary that the person committing the trespass should know the true owner of the logs; — and of course it was not necessary for the plaintiffs in the present case to state in the declaration that they were known by the defendants to be the true owners of the…
2Cases cited2 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Boutelle v. NourseMassachusetts Supreme Judicial Court · 1808