Billings v. Berry
Supreme Judicial Court of Maine
Exceptions from the ruling of Bice, J., presiding at Nisi JPrius. Complaint nor elowage, entered at the November Term, 1859. On the second day of the term, the defendant filed a motion to dismiss the complaint, because, ho says, "said complaint was brought before the expiration of one year after the rendition of judgment upon the original complaint, and that no payment has been made for any year subsequent to the rendition of said judgment.
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Exceptions from the ruling of Bice, J., presiding at Nisi JPrius. Complaint nor elowage, entered at the November Term, 1859. On the second day of the term, the defendant filed a motion to dismiss the complaint, because, ho says, "said complaint was brought before the expiration of one year after the rendition of judgment upon the original complaint, and that no payment has been made for any year subsequent to the rendition of said judgment. And that no notice of the entering of said complaint has been given by said complainants to said Bufus Berry, as is by the statute required, and because…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
—Upon a complaint under the statute to recover damages, caused by flowing lands, the judgment in regard • to future compensation is not conclusive upon either party. *33At any time, "after the payment of the then last year is due,” notice may be given to the other party; and, after the expiration of thirty days from such notice, a new complaint may be brought, to increase, or to reduce the damages.
The language employed in this restriction is somewhat ambiguous. It originated in the Massachusetts statute of March 4, 1800. The statute of Feb. 27,…
2Cases cited2 opinions
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Johnston v. FergusonCourt of Appeals of Kentucky · 1859