Legal Opinion

Moulton v. Libbey

Supreme Judicial Court of Maine

Decided July 1, 1854PublishedCited by 27 opinions

On Report from Nisi Prius, Wells, J., presiding. Debt, to recover the penalty prescribed in § 4, of R. S., c. 61. “ If any person shall take or otherwise wilfully destroy any oysters or other shell-fish, or obstruct their growth in their beds, in any of the waters of this State, except as provided in the two following sections, he shall forfeit to the person suing therefor, not less than one dollar, nor more than two dollars, for each bushel thereof including the shellfish…

Read the full summary

On Report from Nisi Prius, Wells, J., presiding. Debt, to recover the penalty prescribed in § 4, of R. S., c. 61. “ If any person shall take or otherwise wilfully destroy any oysters or other shell-fish, or obstruct their growth in their beds, in any of the waters of this State, except as provided in the two following sections, he shall forfeit to the person suing therefor, not less than one dollar, nor more than two dollars, for each bushel thereof including the shellfish so taken or destroyed.” Section 5, enacts that “the selectmen of the town, or assessors of the plantation, wherein such…

1Opinion of the CourtShepley, C. J.

— The plaintiff’s right to recover is, by the report, made to depend upon the sufficiency of the defence to prevent it. If the Court is “-of opinion, that the facts set up in defence would not constitute a defence, then the defendant is to be defaulted.”

The facts presented in defence are, an attested copy of a “ charter of the Province of Mayne,” from Charles, king of England to Sir Eerdinando Georges, bearing date on the third day of April, in the fifteenth year of his reign. And an attested copy of a conveyance from Georges to Thomas Cammack of fifteen hundred acres of land described made…

2Cases cited1 opinion

  1. Martin v. Lessee of WaddellSupreme Court of the United States · 1842

3Cited by27 opinions

  1. State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
  2. Burgess v. M/V TamanoDistrict Court, D. Maine · 1973
  3. Lincoln v. DavisMichigan Supreme Court · 1884
  4. Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
  5. Bishop v. MahikoHawaii Supreme Court · 1940

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API