Baker v. Inhabitants of Windham
Supreme Judicial Court of Maine
This was an action of assumpsit brought to recover the costs and expenses of a suit, in which the plaintiff was demandant and one Atkins Small was defendant, and was tried on the general issue before Bmery J. The plaintiff read a vote of the town of Windham, on the 14th of September, 1829, in these words, “ Voted to indemnify Benjamin Baker in his costs in the action against Atkins Small, which have or may arise in the same, os account of Gray line.”
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This was an action of assumpsit brought to recover the costs and expenses of a suit, in which the plaintiff was demandant and one Atkins Small was defendant, and was tried on the general issue before Bmery J. The plaintiff read a vote of the town of Windham, on the 14th of September, 1829, in these words, “ Voted to indemnify Benjamin Baker in his costs in the action against Atkins Small, which have or may arise in the same, os account of Gray line.” He also proved by parol testimony, all of which was objected to by the defendant but admitted by the Judge, that before the passing of that…
1Opinion of the Court
*80The action was continued for advisement, and the opinion of the Court was afterwards drawn up by
Weston C. J.
‘The vote of the town, upon which one of the counts in the plaintiff’s declaration is based, would not, and could not, upon its mere production, maintain the action. It would be still necessary for the plaintiff to show that a suit had been instituted, and costs had been incurred, on account of Gray line. If he is not to be permitted to do this, the vote is merely illusory and inoperative. The parol testimony was not adduced to explain or extend the vote, but to apply it to its proper…
2Cited by4 opinions
- Stockdale v. School District No. TwoMichigan Supreme Court · 1881
- Walsh v. FarringtonSupreme Court of Vermont · 1933
- Jenney v. Township of MusseyMichigan Supreme Court · 1899
- Grim v. LeeSupreme Court of Rhode Island · 1912