Atkinson v. Dunlap
Supreme Judicial Court of Maine
Petition for review of an action in which judgment was rendered for the defendant for his costs, on a verdict in his favor, at the term of the S. J. Court in October, 1850. This petition is based upon the statute of 1859; and was commenced within six months of its enactment. At the hearing, October term, 1861, Tenney, C. J., granted the, review as prayed for. The respondent excepted.
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Petition for review of an action in which judgment was rendered for the defendant for his costs, on a verdict in his favor, at the term of the S. J. Court in October, 1850. This petition is based upon the statute of 1859; and was commenced within six months of its enactment. At the hearing, October term, 1861, Tenney, C. J., granted the, review as prayed for. The respondent excepted. The 'bill of exceptions sets forth that " the petitioners presented proofs which satisfied the Court of the truth of the allegations in the petition. " The respondent offered no oral testimony, relying on the…
1Opinion of the Court
The opinion of the .Court was drawn up by
Cutting, J.
From the records and evidence presented and referred to as exhibiting the question hereafter to be considered, it appears — that the petitioners, on April 6th, 1849, brought the original action before a magistrate for an alleged trespass by the respondent for cutting a quantity of white ash timber on their land, in the town of Embden, without their consent; that the respondent, being the defendant in that suit, was adjudged guilty, who appealed to the next term of the District Court, where the action was duly entered, and continued from term…
2Cited by13 opinions
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