Swett v. Sprague
Supreme Judicial Court of Maine
On Report. Trespass quare clausum, for breaking- and entering plaintiff’s close and tearing down a brick building situated in the city of Bath, and owned by the plaintiff in common with ten others, some of whom resided without this State. The defendant justified under an order from the mayor and aldermen of the city of Bath, and put in the records of the city, together with the proof of the dilapidated condition of the building.
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On Report. Trespass quare clausum, for breaking- and entering plaintiff’s close and tearing down a brick building situated in the city of Bath, and owned by the plaintiff in common with ten others, some of whom resided without this State. The defendant justified under an order from the mayor and aldermen of the city of Bath, and put in the records of the city, together with the proof of the dilapidated condition of the building. The facts are sufficiently stated in the opinion.
1Opinion of the CourtWalton, J.
An Act of the Legislature passed in 1860, (chap. 177,) provides that whenever the mayor and aldermen of any city, or the selectmen of any town, after due notice to the owner of any burnt, dilapidated, or dangerous building, shall adjudge the same to be a nuisance to the neighborhood, or dangerous, they may cause it to be removed. This case involves the validity of proceedings under this Act.
May 6, 1863, the mayor and aldermen of the city of Bath, ordered notice to the owners of a dilapidated building to appear before them on the 30th of May, 1863, and show cause, if any they had, why the same…
2Cited by10 opinions
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Broderick v. Mayor of BostonMassachusetts Supreme Judicial Court · 1978
- Calvert v. CalvertSupreme Court of Colorado · 1890
- Decker v. MylesSupreme Court of Colorado · 1879
- Hay v. HudsonWyoming Supreme Court · 1924
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