Hatch v. Allen
Supreme Judicial Court of Maine
This was an action of assumpsit, originally brought before the municipal court of Bath. The first count in the declaration was on an account annexed to the writ, containing this item only: — “ To rent of the portion of the house formerly owned by William Pettengill, for the year 1842, set off to me on execution, $18,63.” There was a second count, for money had and received; and a third, for use and occupation of the land set off to him on execution, against H. G. Allen.
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This was an action of assumpsit, originally brought before the municipal court of Bath. The first count in the declaration was on an account annexed to the writ, containing this item only: — “ To rent of the portion of the house formerly owned by William Pettengill, for the year 1842, set off to me on execution, $18,63.” There was a second count, for money had and received; and a third, for use and occupation of the land set off to him on execution, against H. G. Allen. The defendants were Edmund C. Allen and Sarah H. Pettengill. Before the Bath municipal court, the general issue was pleaded,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shkpley J.
This is an action of assumpsit brought before the municipal court for the town of Bath, to recover compensation for the use and occupation of certain premises described. The general issue was pleaded and joined. The defendants filed a brief statement, in which they denied, that the plaintiff had any title to the premises, and alleged that they were the tenants of another person deceased, and that one of the defendant, being the widow of that deceased person, had occupied the same as tenant in dower. The case was removed to the district court,…
2Cited by2 opinions
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