Legal Opinion

Snow v. Weeks

Supreme Judicial Court of Maine

Decided April 7, 1883PublishedCited by 10 opinions

ON exceptions and motion for new trial by defendant. Action of trespass against the treasurer and collector of taxes of the city of Rockland for the year 1877. The verdict was for plaintiff for $493.75. The opinion states the material facts. contended that the defendant’s justification failed because there was no evidence of any vote of the city of Rockland fixing a time when or within which the taxes for 1877 were payable.

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ON exceptions and motion for new trial by defendant. Action of trespass against the treasurer and collector of taxes of the city of Rockland for the year 1877. The verdict was for plaintiff for $493.75. The opinion states the material facts. contended that the defendant’s justification failed because there was no evidence of any vote of the city of Rockland fixing a time when or within which the taxes for 1877 were payable. R.S., 1871, c. 6, § § 93, 153; stat. 1876, c. 92. Two things are required by the statute of 1876; (1) that by an independent vote, the city or town shall first fix a time…

1Opinion of the CourtPetees, J.

At plaintiff’s request, the presiding judge excluded from the panel several jurors from the city of Eockland, upon the assumption that the city might have some interest, or the jurors some bias, in the result of the suit. It is denied by the defendant that such bias or interest existed. But it matters not whether it existed or not. It was a matter for the exercise of the discretion of the judge. To his ruling upon such a question exceptions do not lie. He may put off a juror when there is no real and substantial cause for it. That cannot legally injure an objecting party as long as an…

2Cases cited5 opinions

  1. Wood v. . MorehouseNew York Court of Appeals · 1871
  2. Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
  3. Stevens v. KentSupreme Court of Vermont · 1854
  4. Jackson ex dem. Wickham v. BelknapNew York Supreme Court · 1815
  5. Savage v. BalchSupreme Judicial Court of Maine · 1831

3Cited by10 opinions

  1. Thompson v. DouglassWest Virginia Supreme Court · 1891
  2. Smith v. ClarkUtah Supreme Court · 1910
  3. Logan v. StateSupreme Judicial Court of Maine · 1970
  4. State v. LeatherwoodNew Mexico Supreme Court · 1920
  5. Baker v. United StatesCourt of Appeals for the First Circuit · 1928

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