The Portland daily press., 1878-07-17
Supreme judicial Court.

Weste7T District july Latc Term.
HoN. JOHN APPLETON, Chief Justice, presiding;
Hons. CHARLES W. WALTON, JONATHAN G.
DIcKERsoN, WILLIAM G. BARRows, WILLIAM
WRIT VIRGIN, ARTEMAs LIBBEY,' Associate JUS
tees.
den, Clerk.
TUESDAY, &c. Court organized. Rev. Mr., Car
ruthers oficiated chaplain. Justices Danforth
and Peters sat at the May and June terms, and do
not oficiate here. The cases in this district are
docketed in the order OF counties, as follows; Frank
lin, Oxford, Androscoggn, York and Cumberland.
FRANKLIN CASES.
sNo, 2.-Bunker vs.. Robbins. Exceptions over
No. 5.-Houghton VS.. Parlin. To be argued during
the term or decided without.
No. s:-Hitchcock VS.. Gould. Plaintiff to be nom
SUIT unless arguments are furnished in thirty and
ninety days.
No. 9-Edmund Dow VS.. j. A. Alden. To be ar
gued in 3d. 30 aud 3d. or exceptions overruled.
No 10.-Lewis VS.. Lewis Same entry.
No. u.-French VS.. Sanborn. To be argued in 80,
80, 80, or dismissed.
New Entries.
No. 12.-Charles Seymour vs.. Joseph d. Prescott
S. Belcher for plf j. B. Seavery for ieft.
No. 14.-William Coombs ct. al, appellants from
decision of County Commissioners. Submitted
whitcomb for plf. s. Belcher for delft.
No. 15.-Wiiliam v. Libby VS.. Moses Craig, Jr To
be Sgaed in wi writing in 49, 80 and 30 days
No. 16.--John &. Voter VS.. Amos Hobbs ct. ais.
Action under the statute to for damages
tanned by flowing lands by defendants dam. Under
instruction in reference to repairs that the Defend
ants were entitled to keep up the water high it
would be raised by dam of the same height as the
dam which they and those under whom they claimed
title had kept up and maintained it for period of
twenty years before that time, although the water
was kept flowed at greater height than before it
was repaired, the verdict was for defendants, and
the plaintiff alleged exceptions.
S. q. Bacher for the plaintiff, contended that the
overflow was the essential thing; that he cared not
how high the dam was, if by of its leakness
or keeping the gates up there was no overflow Of his
pwbitcomb, for the defendants, contended that the
instruction of the Judge contained the only practi-
cable rule and was in accordance with decisions
Belcher replied, yes, in accordance with some ques-
tionabe decisions, but which ought not be followed
No. 26.-Thomas B. Smith VS.. William Tarbox.
On argued statement, where the plaintiff, off,
Ger under the direction of the defendant, attached
yoke of oxen as the property of one Collins, and
Mosher brought suit against Smith and recovered,
Tarbox being present advising aud testfying in the
suit. If upon the facts Tarbox is concluded by the
verdict OF Mosher vs. Smith, he is to be defaued for
$1,000.
S. c. Belcher for plf H. L. Whitcomb for deft.
No. 27-State VS.. Charles M, Frederic ct. al. At
the September term, 1877, both defendants were
10 Frederic. At the March term, 1878. the States
attorney put in evidence against defendants obec-
tion, certified transcript OF the stenog rapher's
notes Of the testimony of both defendants. The
dict against Frederic, and he alleged exceptions.
Whitcomb for the defendant, contended that the
statute of 1877, under which the transcript was Of
fered and admitted, was unconstitutional in its APP
plication to criminal cases.
No. 2S.-George Perkins VS.. Nathan B, Fairbanks.
Exceptions oveIruled.
S. Belcher for plf. Pratt for deft.
OXFORD CASES.
No. 31.-Smith, admir-. VS.. French ct. ais. Dis
missed from this docket.
No. 32-Chapman VS.. Wight. To be argued in
writing.
Neo Entries.
No. 37.-Oscar d. Rofe and inhabitants
of Rumford. This case is second time before the
law plaintiffs motion to set aside verdict,
the first time verdict in their favor for inadeQuacy;
this time TO aside clear verdict for the defend
ants.
The plaintiffs counsel say that the road was defec-
tive res ipsd loquitur; the sleigh tilted and threw
the parties from the sleigh. That the inhabitants OF
the Town had notice is evidenced from the fact that
they went over it the very day of the injury to re-
pair it.; that the chain of the triangle broken at
lhe very hole, the alleged defect They say that the
knee hurt very severely; thatl she confined
the pain and confinement induced consumption, of
which she died in March, 1875
Strout & Holmes for plfs. Foster for defs.
No. 3S.-Austn A. Gray VS.. Alfred P. Andrews.
On defendants motion for a new trial.
Assumpsit for money had and received, Al
$i5675. The defendant put in a plea puts
darrein continuance and offered receipt under it
in full satisfaction. The plaintiff says, true signed
receipt for $50 in full satisfaction OF the claim and
received the $50 but before signed the receipt it
was agreed that it should be gwen for less sum
was paid fer certain reasons stated by the de-
fendant. The agreement was to pay me $500 and
to give him receipt in full without regard to the
sum inserted. He handed me $50 and snatched the
receipt and went off with it. called after bin, but
he was conveniently deaf and did not turn back. |
afterwards rendered him his money and repudiated
the settlement.
Black for motion. Foster contra.