Jordan v. Haskell
Supreme Judicial Court of Maine
On pacts agreed. Trespass quare clausum for the removal of a school house, belonging to district No. 8, in Cape Elizabeth, to and upon a lot of land of the plaintiff’, which had been located and designated by the defendants, as selectmen of the town, as the school house lot of that district. The defendants admit and justify the doing of the acts complained of, as done in the discharge of official duty, under authority of law.
Read the full summary
On pacts agreed. Trespass quare clausum for the removal of a school house, belonging to district No. 8, in Cape Elizabeth, to and upon a lot of land of the plaintiff’, which had been located and designated by the defendants, as selectmen of the town, as the school house lot of that district. The defendants admit and justify the doing of the acts complained of, as done in the discharge of official duty, under authority of law. There was no dispute but that the fee of the land was in the plaintiff at the time of taking it for the purposes aforesaid. The records of the district and of the…
1Opinion of the CourtPeters, J.
The defendants were selectmen of the town of Cape Elizabeth. They are sued for removing a school house to a lot upon the land of the plaintiff, which had been taken for that purpose by the officers of the town. The plaintiff denies the validity of the location. The points relied on in support of his position are, that the meeting of the school district in which the proceedings for a location originated was not a legal one, because called by a justice of the peace when the district had an agent who should have called it: and that the vote at this meeting, which *196was the foundation of the…
2Cases cited1 opinion
- Pinkham v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Rheiner v. Union Depot, Street Railway & Transfer Co.Supreme Court of Minnesota · 1883
- Frank W. Coy Real Estate Co. v. PendletonSupreme Court of Rhode Island · 1924
- Bosworth v. the City of ProvidenceSupreme Court of Rhode Island · 1890