Duren v. Getchell
Supreme Judicial Court of Maine
On Exceptions. Debt on a judgment for flowing the plaintiff’s lands in Raymond. The writ is dated May 9, 1864, and substantially alleges that the defendant and one William S. Douglass, on and after April 1, 1856, built and maintained a dam across "Duran’s brook,’’ whereby plaintiff’s lands were flowed; that, on April 1, 1859, plaintiff made complaint to the S. J. Court for the injury; that the respondents did not appear, but made default, whereupon one Jordan, Brown and…
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On Exceptions. Debt on a judgment for flowing the plaintiff’s lands in Raymond. The writ is dated May 9, 1864, and substantially alleges that the defendant and one William S. Douglass, on and after April 1, 1856, built and maintained a dam across "Duran’s brook,’’ whereby plaintiff’s lands were flowed; that, on April 1, 1859, plaintiff made complaint to the S. J. Court for the injury; that the respondents did not appear, but made default, whereupon one Jordan, Brown and Baker were duly appointed commissioners to determine the matter of said complaint ; that a warrant was duly issued July 13,…
1Opinion of the CourtBarrows, J.
This case comes before us on exceptions to the overruling by the Judge at nisi prius of the plaintiff’s demurrer to the defendant’s plea in bar.
It appears, by the exceptions, that the action is debt on a judgment of this Court against defendant and one William S. Douglass, rendered upon a complaint for flowing plaintiff’s land, which action was entered at April term, 1859, and then defaulted without appearence of the respondents, whereupon commissioners were appointed, who reported at the October term, 1859, a yearly damage of $15, upon which report judgment was rendered — and that only $30,…
2Cited by6 opinions
- Johnson v. WellsSupreme Court of Florida · 1916
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967
- Groat v. PrachtSupreme Court of Kansas · 1884
- Craft v. ThompsonSupreme Court of New Hampshire · 1872
- Koerner v. LeatheSupreme Court of Missouri · 1899
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