Spear v. Robinson
Supreme Judicial Court of Maine
Case, against the defendants, for taking and catching 200 alewives in St. George’s river, within the town of Warren, on Tuesday, the twenty-fifth day of May, A. D. 1847, without permission, &c. This action was originally brought before a justice of the peace, by the plaintiffs, as a fish committee of the town of Warren, to recover the penalty accruing to the use of said town, for the alleged unlawful taking of alewives.
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Case, against the defendants, for taking and catching 200 alewives in St. George’s river, within the town of Warren, on Tuesday, the twenty-fifth day of May, A. D. 1847, without permission, &c. This action was originally brought before a justice of the peace, by the plaintiffs, as a fish committee of the town of Warren, to recover the penalty accruing to the use of said town, for the alleged unlawful taking of alewives. At the return day of the writ, the defendant put in a plea to the jurisdiction of the magistrate, of this tenor, “ because he says, that Edward Starrett, the said justice of…
1Opinion of the Court
The opinion of the Court, (Wells, J. concurring in the result only,) was delivered by
Tenney, J.
This case comes before us by a report presenting certain legal questions under the statute of 1845, c. 172. One of the questions is, whether the act of Massachusetts passed March 6, 1802, entitled “an act to regulate the shad and alewive fishery in the town of Warren, in the county of Lincoln,” is still in force, so far as to authorize the choice of a fish committee, and the commencement of this suit by them under it. To answer this question understandingly, it is important to ascertain, whether the…
2Cited by17 opinions
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- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
- Berdan v. Milwaukee Mutual Life-InsuranceMichigan Supreme Court · 1904
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