City of Biddeford v. Yates
Supreme Judicial Court of Maine
On report. Trespass quare clausum alleging that the defendant with force and arms broke and entered a certain close belonging to the plaintiff city.
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On report. Trespass quare clausum alleging that the defendant with force and arms broke and entered a certain close belonging to the plaintiff city. Plea, the general issue with a brief statement alleging in substance that during the time mentioned in the writ the defendant was legally in possession of the premises described in the writ, under and by virtue of a certain lease of the premises given to the defendant by the plaintiff city, and that under said lease the defendant had a legal right to do all the things which he did do. When this action came on for trial, an agreed statement of…
1Opinion of the CourtSpear, J.
This is an action of trespass involving the validity of a lease of the plaintiff to the defendant. There is no material dispute upon the facts. The locus in quo is the opera house, so called, embracing the hall in the city building and used for the purpose of giving plays, operas, etc., together with all the rooms and appurtenances belonging to and connected with the hall. On May 24, 1904, the plaintiff was the owner of the hall and appurtenances. On the same day the city council by its committee on public property made and delivered to the defendant an instrument, purporting to be a lease of…
2Cases cited7 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Collins v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1888
- Fairbanks v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1882
- Gillett v. Board of SupervisorsIllinois Supreme Court · 1873
- People ex rel. Devery v. JeromeNew York Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Aven v. Steiner Cancer Hospital Inc.Supreme Court of Georgia · 1939
- Eau Claire Dells Improvement Co. v. City of Eau ClaireWisconsin Supreme Court · 1920
- Associated Hospital Service of Maine v. MahoneySupreme Judicial Court of Maine · 1965
- Colwell v. City of Great FallsMontana Supreme Court · 1945
13 more not listed; retrieve them via the Exa API.