State v. Smith
Supreme Judicial Court of Maine
ON REPORT. Trespass against the assessors of Silver Ridge Plantation for timber and bark cut from lots reserved for public uses in that plantation under permits given by them in 1879. The writ was dated November 8, 1883. The opinion states the material facts. cited; XL S-, c. 5, §10; 2 Greenl. Ev. §'§ 613, 615: Wall v. Osborn, 12 Wend. 39; Guille v. Swan, 19 Johns. 382; Scott v. Shepard, 2 Black.
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ON REPORT. Trespass against the assessors of Silver Ridge Plantation for timber and bark cut from lots reserved for public uses in that plantation under permits given by them in 1879. The writ was dated November 8, 1883. The opinion states the material facts. cited; XL S-, c. 5, §10; 2 Greenl. Ev. §'§ 613, 615: Wall v. Osborn, 12 Wend. 39; Guille v. Swan, 19 Johns. 382; Scott v. Shepard, 2 Black. K,. 892; Leame v. Bray, 3 East, 595; Morgan v. Varíele, 8 Wend. 594; 7 Cowan, 613; 10 Mass. 125; Libby v. Soide, 13 Maine, 310; Cram v. Thissell, 35 Maine, 88 ; Jones v. Lowell, 35 Maine, 541;…
1Opinion of the CourtFoster, J.
The defendants were authorized by the land agent to guard certain lots reserved for public uses in Silver Ridge Plantation against trespassers. They had no right or authority to permit or sell timber or other property from these public lots. As assessors of that plantation in 1879, supposing they had such right, after exploring the lots, they permitted all the hemlock bark on one of said lots to one St. John for one hundred dollars. The permittee assigned his contract to Shaw Brothers, who, during that and the three following years, cut down the hemlock and carried away the bark, leaving the…
2Cases cited5 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Morgan v. VarickNew York Supreme Court · 1832
- Wall v. OsbornNew York Supreme Court · 1834
- Henderson v. HerrodMississippi Supreme Court · 1852
- Organ v. StewartNew York Court of Appeals · 1875
3Cited by3 opinions
- Massachusetts Bay Insurance v. Ferraiolo Construction Co.Supreme Judicial Court of Maine · 1990
- Curtis v. DinneenSupreme Court Of The Territory Of Dakota · 1886
- Martin v. BrownSupreme Judicial Court of Maine · 1994