Fogg v. Cushing
Supreme Judicial Court of Maine
On IIepqrt from Nisi Prius, Cutting, J., presiding. Trespass quare clausum. This action was originally brought before a justice of the peace. The declaration was in form quare clausum, and alleged sundry matters of aggravation, in damaging, spoiling and carrying away certain personal property belonging to plaintiff.
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On IIepqrt from Nisi Prius, Cutting, J., presiding. Trespass quare clausum. This action was originally brought before a justice of the peace. The declaration was in form quare clausum, and alleged sundry matters of aggravation, in damaging, spoiling and carrying away certain personal property belonging to plaintiff. The conclusion of the declaration was : — “ whereby an action hath accrued to the plaintiff to sue for and recover the said sums or damage as aforesaid, and three times the value of the property so destroyed and injured.” At the return day, before the justice, the defendant filed…
1Opinion of the CourtGoodenow, J.
This is an action of trespass guare clausum. On the return day of the writ, before a justice of the peace, the defendant moved “the said court that this action may be dismissed and the writ abated,” for reasons therein stated. And the justice rendered judgment that said writ abate, and that the defendant recover his costs. From this judgment plaintiff appealed, and the action was duly entered in this Court.
The reasons assigned by the defendant in his motion in abatement are, “because, being brought to recover a penalty alleged to be incurred under the provision of § 13, c. 162, R. S., the…
2Cited by1 opinion
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