State v. City of Auburn
Supreme Judicial Court of Maine
This was an indictment against the city of Auburn for neglecting to open a highway laid out in that city by the county commissioners. The defendant demurred to the indictment, which demurrer was overruled. They then took exceptions which the presiding justice adjudged were frivolous and intended for delay. The case was thereupon certified under R. S., c. 77, § 51, to the Chief Justice. The causes of demurrer are stated in the opinion of the court.
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This was an indictment against the city of Auburn for neglecting to open a highway laid out in that city by the county commissioners. The defendant demurred to the indictment, which demurrer was overruled. They then took exceptions which the presiding justice adjudged were frivolous and intended for delay. The case was thereupon certified under R. S., c. 77, § 51, to the Chief Justice. The causes of demurrer are stated in the opinion of the court. While it is true that the unlawful act need not be proved as having been done on the precise day alleged, yet it is also true that some day must be…
1Opinion of the CourtPeters, C. J.
The city of Auburn, having been indicted for its failure to open a highway laid out within its limits by county *278commissioners, claims, upon demurrer thereto, that the indictment found against them is insufficient in some respects.
It is contended that it is bad because the city of Auburn, so named in the indictment, is not described as a corporation of any kind, and more especially because there is no averment that the city of Auburn is situated within any county of this State. Such omissions are undoubtedly formal defects, indicating a want of care in the work of the pleader that is not to be…
2Cases cited1 opinion
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1869