Jones v. Lowell
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J., presiding. Trespass. The plaintiffs owned some sticks of old timber upon the ship-yard shore. Two men cut into firewood one of the sticks and also an old mast which lay near it. For that cutting, this action was brought. To show that the cutting was ordered by the defendant, the plaintiffs offered.as witnesses the two men by whom the wood had been cut.
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On Exceptions from Nisi Prius, Hathaway, J., presiding. Trespass. The plaintiffs owned some sticks of old timber upon the ship-yard shore. Two men cut into firewood one of the sticks and also an old mast which lay near it. For that cutting, this action was brought. To show that the cutting was ordered by the defendant, the plaintiffs offered.as witnesses the two men by whom the wood had been cut. They were objected to because of their interest, to get discharged from their liability, by enabling the plaintiffs to recover and obtain pay from the defendant. They were however admitted, and…
1Opinion of the CourtAppleton, J.
— In assumpsit, if a party, who ought to join as plaintiff, be omitted, the defendant may take advantage of such omission under the general issue. In trespass the exception is only available by plea in abatement. In this case, the general issue having been pleaded, the plaintiffs, though co-tenants with others in whole or in part of the property upon which the trespass was committed, are entitled to recover to the extent of the- injury by them sustained. Cabell v. Vaughan 1 Saund. 291, f.
The servant of the defendant, by whom the act complained of was done, was- called as a witness to…
2Cases cited2 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Collins v. EllisNew York Supreme Court · 1839
3Cited by2 opinions
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- Paulsen v. PaulsenSupreme Judicial Court of Maine · 1949