Patridge v. Ballard
Supreme Judicial Court of Maine
ASSUMPSIT for services performed by the plaintiff, as one of a Committee appointed by the Court of Sessions of this county, to lay out a certain highway,- upon the petition of the defendants.
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ASSUMPSIT for services performed by the plaintiff, as one of a Committee appointed by the Court of Sessions of this county, to lay out a certain highway,- upon the petition of the defendants. From the report of the Judge who presided at the trial it appeared that in the year 1799 the Court of Sessions of this county established a standing rule, that all county roads laid out under the authority of that Court on the application of petitioners, should be laid out at the expense of such petitioners, unless otherwise specially directed; and that the practice ever since had been uniformly…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court as follows.
Several objections have been made to the instructions given to the jury by the Judge who presided at the trial.
As to the competency of the Court of Sessions to annex a . condition to the grant of the prayer of the petition for the location of the highway in question; — by the Slat. 1786, ch. 67, *54sec. 2. the Court of General Sessions of the peace may, in certain cases lay out private ways at the costs of the per sms applying. A similar power is given to the Court of Sessions in this State, by Slat. 1821, ch. 11'8. sec. 10. By this…
2Cited by1 opinion
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