Androscoggin Railroad v. Richards
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J., presiding. Trespass quare clausum, for breaking and entering the depot of the plaintiffs and conveying away certain spirituous liquors found therein. The defendants justified as officer and aid, acting under a warrant, commanding the officer in the usual form to enter and search the depot and freight house and seize the liquors.
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On Exceptions from Nisi Prius, Hathaway, J., presiding. Trespass quare clausum, for breaking and entering the depot of the plaintiffs and conveying away certain spirituous liquors found therein. The defendants justified as officer and aid, acting under a warrant, commanding the officer in the usual form to enter and search the depot and freight house and seize the liquors. One lot of liquors seized, was marked “ Town of Canton, Me., Strickland’s Ferry Depot,” and the other, “ Town of Livermore, Me., Strickland’s Ferry Depot.” It appeared, that a printed notice was posted up on the depot, that…
1Opinion of the CourtGoodenow, J.
This is an action of trespass guare clausum against Richards, who relies upon a justification under legal process, as constable of the town of East Livermore; and against Millett, who justifies as the aid of Richards.
There are no exceptions on the part of the plaintiffs to the ruling of the presiding Judge in admitting the records of the town as amended, to prove the election of Richards as constable; or to the sufficiency of the process under which he acted, in entering the depot of the plaintiffs and seizing the liquors named in the writ.
The Judge substantially instructed the jury, that the…
2Cited by4 opinions
- United States v. GervatoDistrict Court, E.D. Pennsylvania · 1972
- Collins v. StateTennessee Supreme Court · 1947
- Thigpen v. StateCourt of Criminal Appeals of Oklahoma · 1931
- State v. BrownWest Virginia Supreme Court · 1922