Davis v. Poland
Supreme Judicial Court of Maine
On exceptions, by plaintiff and defendant in trespass action and by defendants in real action. Real action and an action of trespass quare clausum for an alleged trespass upon the premises demanded, tried together by order of the presiding justice. At the close of. the evidence the presiding justice ordered a verdict for the plaintiff in each action.
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On exceptions, by plaintiff and defendant in trespass action and by defendants in real action. Real action and an action of trespass quare clausum for an alleged trespass upon the premises demanded, tried together by order of the presiding justice. At the close of. the evidence the presiding justice ordered a verdict for the plaintiff in each action. The jury returned verdicts as directed, assessing damages in trespass action at $63. The case sufficiently appears in the opinion.
1Opinion of the CourtWiswell, C. J.
These two cases, by direction of the court, were tried together. That of Poland, v. Davis et al. is a real action, while that of Davis v. Poland is an action of trespass quare clausum for an alleged trespass upon the same premises that are demanded in the real action.
In the first case the presiding justice ordered a verdict for the plaintiff; he also ordered a verdict for the plaintiff in the action of trespass, submitting the question of damages to the jury, but instructing the jury that there was no evidence of any malice on the part of the defendant in that action and that the plaintiff…
2Cases cited1 opinion
- Daniels v. EisenlordMichigan Supreme Court · 1862
3Cited by1 opinion
- Mann v. Homestead Realty Co.Supreme Judicial Court of Maine · 1935