Legal Opinion

Richardson v. Wood

Supreme Judicial Court of Maine

Decided April 20, 1915Published

On exceptions by defendant. This is an action of trespass quare clausum, brought by Howard T. Richardson, Leland S. Richardson, Daniel T. Richardson, John S. Richardson, A. E. Flint, Clara A. Allen and George P. Richardson, being all and the only heirs at law of their father Daniel T. Richardson, deceased intestate, who owned the premises at the time of his death, against Frank W. Wood for cutting and carrying away trees therefrom.

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On exceptions by defendant. This is an action of trespass quare clausum, brought by Howard T. Richardson, Leland S. Richardson, Daniel T. Richardson, John S. Richardson, A. E. Flint, Clara A. Allen and George P. Richardson, being all and the only heirs at law of their father Daniel T. Richardson, deceased intestate, who owned the premises at the time of his death, against Frank W. Wood for cutting and carrying away trees therefrom. The defendant plead the general issue and filed brief statement. The defendant filed a petition, asking that the suit be dismissed, beeáuse it was commenced and…

1Opinion of the CourtBird, J.

This is an action of trespass quate clausum to recover damages for the unlawful entry upon the wood lot of plaintiffs and the cutting and carrying away of trees therefrom. The case is here upon exceptions of defendant. The brief of his counsel declares three questions to be presented to this court.

I. “Whether or not after petition has been addressed to the Presiding Justice, asking that case be dismissed on the ground that suit was brought without authority, or even knowledge of plaintiffs, and the Court orders the case to trial, this question would then be a proper matter for the jury to…

2Cases cited2 opinions

  1. Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
  2. Cinfel v. MalenaNebraska Supreme Court · 1903

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