Emery v. Fowler
Supreme Judicial Court of Maine
Ox EXCEPTIONS from Nisi Prius, Tenney, J., presiding. Teespass, quare clausum, against Charles A. Eowler. The general issue was pleaded. This action was originally brought before a magistrate, and tried in 1850, and an appeal taken.
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Ox EXCEPTIONS from Nisi Prius, Tenney, J., presiding. Teespass, quare clausum, against Charles A. Eowler. The general issue was pleaded. This action was originally brought before a magistrate, and tried in 1850, and an appeal taken. On the trial in the Supreme Court, after the plaintiff had offered evidence of the act of trespass of defendant in Aug. 1847, the latter offered to prove by the witnesses introduced, that the same act of trespass was testified to and relied upon by plaintiff in an action of trespass tried in 1853, in the county of Somerset, in his suit against Nathan Fowler, and…
1Opinion of the Court
Shepley, O. J.
— This was an action of trespass quare clausum, commenced and tried before a justice of the peace. The defendant having appealed, offered on trial in this Court to prove that the plaintiff, on trial of an action of the like kind between him and Nathan Fowler, introduced proof of the acts of this defendant, now relied upon as acts of trespass committed by him, and proof that they were committed by him as the servant of Nathan Fowler, who then admitted that this defendant was his minor son and servant. This testimony was excluded.
It is insisted that the testimony was admissible,…
2Cases cited1 opinion
- Marsh v. PierSupreme Court of Pennsylvania · 1833
3Cited by61 opinions
- Bruszewski v. United StatesCourt of Appeals for the Third Circuit · 1950
- Towns v. Yellow Cab Co.Illinois Supreme Court · 1978
- Doremus v. RootWashington Supreme Court · 1901
- Bradley v. RosenthalCalifornia Supreme Court · 1908
- Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
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