Corthell v. Holmes
Supreme Judicial Court of Maine
On exceptions. This was an action of trespass, q. c., to which the defendant pleaded the general issue and filed the following brief statement : "And for brief statement the defendant says that the place of the alleged trespass is not, and never has been, the property of the plaintiffs, and that they have never been in possession of the same.
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On exceptions. This was an action of trespass, q. c., to which the defendant pleaded the general issue and filed the following brief statement : "And for brief statement the defendant says that the place of the alleged trespass is not, and never has been, the property of the plaintiffs, and that they have never been in possession of the same. "The defendant further says, that the place where acts complained of as the alleged trespass were committed, has been recognized and used by the public, and by the defendants, and their grantors, as a public way, from Madison street to Water street, for…
1Opinion of the CourtStrout, J.
Under our statute, "the general issue may be pleaded in all cases, and a brief statement of special matter of defense, or a special plea, or double pleas in bar, may be filed.” R. S., c. 82, § 22. Brief statements should contain "a specification of matters relied upon in defense, aside from such as would come under the general issue,” and " be certain and precise to a common intent.” Washburn v. Mosely, 22 Maine, 163.
Defendant pleaded the general issue, which was joined. By brief statement, he set out three matters in defense. Plaintiff' demurred specially to the brief statement, which was…
2Cited by3 opinions
- State v. StarkSupreme Court of Kansas · 1901
- Hutchins v. LibbySupreme Judicial Court of Maine · 1953
- Lipnik v. EhaltIndiana Court of Appeals · 1921