Legal Opinion

Bicknell v. Trickey

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 7 opinions

On Report from Nisi Prius, Tenney, J. presiding. Trover for 6000 mill logs. The defendants pleaded the general issue severally. Evidence both documentary and oral was introduced by the respective parties, though much of it was objected to. The case was then withdrawn from the jury and submitted to the Court to be decided upon such of the evidence as was legally admissible, with power to draw inferences of fact as a jury might do.

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On Report from Nisi Prius, Tenney, J. presiding. Trover for 6000 mill logs. The defendants pleaded the general issue severally. Evidence both documentary and oral was introduced by the respective parties, though much of it was objected to. The case was then withdrawn from the jury and submitted to the Court to be decided upon such of the evidence as was legally admissible, with power to draw inferences of fact as a jury might do. The decision does not indicate what part of the evidence, if any, was inadmissible. But that which was rightfully admitted appears, in the estimation of the Court,…

1Opinion of the Court

The opinion of the Court, Shepley, C. J., Wells, Rice, Hathaway and Appleton, J. J., was drawn up by

Appleton, J.

The plaintiff, a deputy sheriff, having Avrits in his hands against John P. Decker & al., attached or claimed that he attached, on the sixth of Dec. 1849, five thousand logs in the Penobscot river, opposite the head of Indian OldtoAvn islands, upon which the several plaintiffs in those writs had a lien by virtue of “ an Act giving laborers on lumber a lien thereon,” approA ed Aug. 10, 1848. He Avent on to the logs, marked some of them “ attached Dec. sixth, 1849, by A. H. Bicknell,…

2Cases cited4 opinions

  1. Robertson v. SmithNew York Supreme Court · 1821
  2. Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
  3. Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
  4. Mills v. CampSupreme Court of Connecticut · 1841

3Cited by7 opinions

  1. Cheshire Provident Institution v. StoneSupreme Court of New Hampshire · 1872
  2. Dreisbach v. BradenCalifornia Court of Appeal · 1919
  3. Cary Brick Co. v. TiltonCourt of Appeals for the First Circuit · 1913
  4. Jacobs v. KnappSupreme Court of New Hampshire · 1870
  5. Scott v. Manchester Print WorksSupreme Court of New Hampshire · 1860

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