Inhabitants of North Yarmouth v. Inhabitants of Cumberland
Supreme Judicial Court of Maine
This action was assumpsit, brought by the town of North Yar-mouth, to recover 1975 dollars, awarded by commissioners appointed by the special statute of 1821, ch. 78, sec. 9, dividing that town, and incorporating the part set off into a new town by the name of Cumberland. See 4 Greenl. 459. The commissioners were empowered “ to consider the terms and conditions of the act,” and award what sum of money one town should pay to the other, “ in order to do justice between them.”
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This action was assumpsit, brought by the town of North Yar-mouth, to recover 1975 dollars, awarded by commissioners appointed by the special statute of 1821, ch. 78, sec. 9, dividing that town, and incorporating the part set off into a new town by the name of Cumberland. See 4 Greenl. 459. The commissioners were empowered “ to consider the terms and conditions of the act,” and award what sum of money one town should pay to the other, “ in order to do justice between them.” At the trial of this cause, before the Chief Justice, the defendants offered to prove, by the testimony of the…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court at the ensuing June term in Penobscot.
The rejection of the evidence offered by the counsel for the defendants to prove that all questions respecting the terms and conditions mentioned in the second, third, fourth and sixth sections of the act incorporating the town of Cumberland, had been amicably arranged and adjusted to the mutual satisfaction of said towns, before the hearing was had before the committee, (as they are termed in the act,) seems scarcely to have been alluded to in the argument, or considered as of any importance. It can furnish…
2Cases cited9 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
- M'Kinstry v. SolomonsNew York Supreme Court · 1806
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
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3Cited by1 opinion
- People v. CarpenterNew York Supreme Court · 1850