The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-01-18
Supreme Court.

The session of the Supreme Court still con-
tinues at Alfred. We copy from the. Dem
ocrat the following account Of its proceed
ings last week.
CIVIL CAsKs.
John T. Paine IS. Moses Goodirin Jr.-|
This was IN action upon note OF hand.
been submitted by the Plaintiffs counsel,
the case was withdrawn from the jury and
defaulted. ii. G.. Hcrrick and Y. ID. APP
pleton for Plaintiff; l. S. Kimball was orig
inally engaged for Defendant.
Joseph Hobson rs. Inhabitants Of Hollis.
This was an action of assumpsit commenced
by the Plf. to recover services for building
bridge on one of the roads of Hollis, which
passed over Pent Stock of the Plf, and
was necessary to be built to protect the pent
stock. The Defts. denied their liability and
set up the fact that no contract was ever
made with the Plf. to perform said labor.
Verdict for Deft. +. E. Weld and j. w.
Leland for Plf.; ii. X. Bradbury and n.
ID. Appleton for Deft.
Louis O. Coirdn rs. VIM. II. Wheeler.-
This was an action upon contract for the
sale Of the Kennebec Journal establishment.
The evidence disclosed proposition lin
writingI on the part of the def. to sell his
interest in said establ ishmcnt, giving plf.
ninety days within which to accept. With
in ninety days plf. accepted in writing, and
made, as he contended, tender of perform
ancc Of his part of the contract, and demand
upon def. for the performance Of his. De-
fence set mp that the proposition was with
out consideration and not binding upon the
dcft. for want of it, and that no breach Of
the contract, IL any there were, was shown !;
contending that tender of performance, and
demand upon the def. was premature, and
that the deft. might well refuse at the time
demand was made. Upon motion of the
counsel for deft., and full argument of these
questions, the Court directed nonsut. Ex-
ceptions were fled by Plf n. ID. Appleton
and A. F. Chisholm for Plf. 7. NJ. Hayes
for deft.
THE foregoing notice of the ruling of the
Court in the case of Cowan vs.. Wheeler, al
though perhaps verbally correct, might con-
vey the opposite impression, as to the merits
of the case, which any lawyer would enter
tain upon knowledge of the facts. The
ruling referred to being mainly on the au-
thority of an old decision in Maine, made
on tho authority of an old decision in Eng
land, which has been since overulcd in Eng
land, and in almost every other State and
County, as subsersivc of justice and legal
principles. We make these remarks with no
intention of casting any reflection upon the
Court, who probably felt bound by the de-
cision referred to. The case, as was expect
cd, goes up for final determination to the
Law Court. Ed. OF USIoS.1
Pernelia Field, ibeldnt, rs. James Field,
of Elliot. Divorce from bed and board de-
creed with Sl2Galinony. Cause of divorce,
extreme cruelty. S. b. Allen for Libclant !;
II. II. Hobbs for James Field
Elisabeth Hammond. HJeidnt, rs. Thomas
Hammond. Divorce from the bonds of mat
rimony decrccd, and the custody of Olive
Hammond, the minor child of said parties,
decrecd to the Libclant. Cause of divorce
williul deserti0n. ,. Is. Allen, Tor LiDelant.
CRIMINAL MATTERS.
State Us. Ann Heres. Assault and Bat
terry. Plea, guilty. Sentence 10 days in
county Jail.
State rs. Darid r. Yeaion. This was an
indictment for selling intoxicating liquor in
Sanford, in this County. Verdict guilty.
Asa Low for Def. ...'.
State rs. Darid r. Yeaton. This was an
indictment of the same character. Verdict,
guilty. Asa Low for doft. In both tho
above cases motions in arrest of judgement
were filed.
The next were 3 cases of State rs. John
Woodsun, of the same character, for sales in
Saco. Verdict Of guilty in all the cases, and
motion in arrest of judgement.
State ps. Jane Thnie. This was an in
dictment against dcft. for assault and bat
terry on John Woodsum. Verdict, guilty.
I. s. Kimball and j. w. Leland for deft.
Sentence, 30 days in Jail.
State Us. Ddrid Young, dpeiidnt- cases.
These were complaints for selling liquor,
made to the Judge of Municipal Court of
Biddeford, andappcaled thcrcfrom. Verdict
guilty, on both.
State rs. Mammalian Morris, apeilant.-|
This was liquor complaint of same charnc-
ter, made to thesamc Court. Vcrdict,guilty
In all the above cases 4. II. Wiggin, Co.
Att. for the State.