Driscoll v. Gatcomb
Supreme Judicial Court of Maine
On motion by defendant reported to Law Court in accordance with Revised Statutes, Chap. 84, Sec. 53. Motion sustained. New trial granted. This is an action of replevin of a calf. The maternity of the calf was an element in determining the question of title.
Read the full summary
On motion by defendant reported to Law Court in accordance with Revised Statutes, Chap. 84, Sec. 53. Motion sustained. New trial granted. This is an action of replevin of a calf. The maternity of the calf was an element in determining the question of title. The defendant plead the general issue and filed a brief statement, alleging that the property and the right of possession in said calf described in said writ then was, and ever since has been and now is in him, and not in the plaintiff. The case is stated in the opinion.
1Opinion of the CourtBird, J.
In this action of replevin of a calf, a verdict was rendered for the plaintiff and the case is now here upon a motion for new trial reported in accordance with the provisions of R. S., Chap. 84, Sec. 53. It appears from the printed record that the maternity of the calf was an important element in determining the question of title at the trial. The Justice presiding had excluded evidence instituting a comparison between the calf and the cow alleged by plaintiff to be its dam. Subsequently and before verdict rendered, one of the jurors engaged in the trial of the cause w'ent to the house of…
2Cases cited1 opinion
- Harrington v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Patterson v. RossignolSupreme Judicial Court of Maine · 1968
- Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
- Litz v. HarmanSupreme Court of Virginia · 1928
- State v. KelleySupreme Judicial Court of Maine · 1976
- Schneider v. MoeOregon Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.