State v. Turnbull
Supreme Judicial Court of Maine
On exceptions to the ruling of the court in overruling a demurrer to the following complaint: (Complaint.) "State of Maine. Lincoln, ss.
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On exceptions to the ruling of the court in overruling a demurrer to the following complaint: (Complaint.) "State of Maine. Lincoln, ss. To Thomas J. York, Jr. one of the trial justices within and for the county of Lincoln : "William Vannah of Nobleboro in the county of Lincoln, on the fifteenth day of May in the year of our Lord one thousand eight hundred and eighty-four, in behalf of said State, on oath complains that William Turnbull and Edward Harrington, both of Edgecomb in the county of Lincoln, on the first day of May, A. D. 1884, and on divers other days and times between said first…
1Opinion of the CourtEmery, J.
The provisions of § 43, c. 40, E. S., particularly that requiring an opening through weirs during the weekly close time, were evidently enacted for the protection of "migratory fishes.” This complaint is for omitting to keep the weir open. Section 31 of the same chapter however expressly exempts certain waters "from provisions relating to migratory fishes,” and among the waters so exempted are : " so much of the waters of the Damariscotta river as are west of the railroad bridge near Damariscotta Mills.” Section 43 therefore cannot apply to that part of the Damariscotta river so exempted.
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2Cases cited1 opinion
- United States v. CookSupreme Court of the United States · 1872
3Cited by14 opinions
- United States v. Lavonne Roach, United States of America v. Rodney Jackson, United States of America v. Kevin Eagle TailCourt of Appeals for the Eighth Circuit · 1999
- Toussaint v. StateSupreme Judicial Court of Maine · 1970
- State v. BunkerSupreme Judicial Court of Maine · 1976
- State v. DavisSupreme Judicial Court of Maine · 1978
- Bergstrasser v. PeopleAppellate Court of Illinois · 1907
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