Legal Opinion

Cushing v. Longfellow

Supreme Judicial Court of Maine

Decided July 15, 1846PublishedCited by 15 opinions

The action was trespass for taking, carrying away and converting the plaintiff’s mill logs. It appears from the report of the trial before Tenney J. that the parties introduced deeds, powers of attorney, assignments, depositions, agreements, admissions and witnesses. The papers were, with a single exception, to be referred to, and not copied. Copies' of them, or an abstract of the facts proved, cannot be given by the Reporter.

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The action was trespass for taking, carrying away and converting the plaintiff’s mill logs. It appears from the report of the trial before Tenney J. that the parties introduced deeds, powers of attorney, assignments, depositions, agreements, admissions and witnesses. The papers were, with a single exception, to be referred to, and not copied. Copies' of them, or an abstract of the facts proved, cannot be given by the Reporter. There is, however, no difficulty in obtaining all the facts, necessary to understand the points decided, from the opinion of the Court, and also the ruling of the Judge…

1Opinion of the Court

The opinion of the Court was prepared by

WhitjiaN C. J.

— From the report of the Judge, who presided at the trial, wo learn that the action is trespass de bonis asp or tails; that the articles alleged to have been taken and carried away were certain logs, cat on a certain tract of land, containing four thousand acres, situate in the southwest corner of township No. nine, in the county of Aroostook; that the plaintiffs made out a prima facie case by showing themselves to be the mortgagees of the tract; and that the logs were cut thereon by the defendant; that thereupon they insisted oa…

2Cases cited1 opinion

  1. Baker v. Wheeler & MartinNew York Supreme Court · 1832

3Cited by15 opinions

  1. Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
  2. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  3. Brown v. AllenSupreme Court of Iowa · 1872
  4. Waters v. StevensonNevada Supreme Court · 1878
  5. Beede v. LampreySupreme Court of New Hampshire · 1888

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