The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-01-19
d&w1w
SUPREME JUDICIAL COURT.
BEFORE JUDGE HASKELL.

e------------------------
SUPREME JUDICIAL COURT.
BEFORE JUDGE HASKELL.
MoNDAy.-Harriet D. Partridge, libelant, VS.
Granville w. Partridge Libel for divorce. Cause
desertion and non-support. Divorce deereed.
Custody OF minor child decreed to libelant.
Frank A Larrabee, for libelant.
a. " Cole and 126 sothers appellants from de-
cisiOn of County Commissioners upon report to
locate highway and ferry landing in the city Of
Portland. Hearing upon d molten OF Stephen j.
Young and 700 others, citizens and tax payers Of
Bridgtoil, Freepurt, Gorham, Gray, Harrison, New
Gloucester, Raymond, otandish and Windham;
that right of appeal to this court has been Civ
EN- by law, or granted by any act of the egisla-
ture, and that appellants have no right of appeal
from the decision of the County Commissioners
and that tllis,court has no jurisdiction thereof or
in the premises. II was claimed that the act Of
1878 gave special power to the Commissioners
and TO them alone, their decision being final. On
the other side it was argued that, as the Commits
siOnerS had no power to lay out a highway into
tide waters without the consent of the Legisla-
ture, the scope Of the act was to authorize the
laying cut of public highway into tide waters, in
the same nl:tll;er as III the case Of other highways
and that by the terms OF the act itself, all proylS-
ions OF law IN relation to the laying out OF high
ways applies to this case. Decision reserved.
Judge Goddard appeared for the citizens OF the
towns above named, and Judge Symonds for the
city. Hon. j. Il. Drllnmond and N. H. B.
Cleayes appeared for the appellants.
The following decisions from the Law Court
were announced:
WESTERN DIsTRIcT-cUMBERLAND COUNTY.
State of Maine by certiorari by ex-rel Inbab-.
itants of HarpSwell VS.. County Commissioners of
Cumberland county.
ReScript by Haskell, J.-Certiorar TO quash the
record of the county commissioners for the county
of Cumberland, because they did not make and
file their report for the location of way at their
next regular session after the hearing.
BY the act OF 1862, chap. Go, sec. 2, incorpor-
atcd into the revision OF 1871, chap. rs, sec. 6,
the county commissioners for Cumberland were
fiVaH
Tuesdays Of january and June. By the act Of
1883 X. s., chap. 78, sec. g. they are required to
hold annual sessions" viz, terms of record ON
the first Tuesdays OF january and june and regu-
lar sessions on the first Tuesday of each month;
that is, terms of record twice yearly with sessions
thereof monthly, to be held regularly on the first
Tuesday of each MONTH Prior to this act, the
commissioners might adjourn their halt yearly
terms from time to time at their pleasure, but the
Legislature have enacted that those terms shall
be held on stated days throughout the year. that
persons having business on county affairs may
know when its commissioners can be found in
session. The monthly meetings are but sessions
of the term in which they fall, and the business
transacted at any session is at and during the
term OF record within which IL is held, precisely,
in legal effect, as though it had been done at an
adjourned session of the half yearly term under
the prior statute. The monthly sessions, after the
beginning OF a term of record, are, in effect
statute adjournmentS of that term. The duties of
the commissioners and the methods of their pro-
cedure have not been changed by the act of 1883.
All reports that they are required by law to make
at regular session. are to be made at a term of
record, and all contnuances required by law are
to be to the next term of record" 1t is clear
from careful consideration of all the statutes
touching the court of county commissioners and
its duties, that the words 'terms of record" in
the act of 1888 have the same Significance, and
are synonymous with the words regular SEES
sonsp IN chap is, sec. o, of the revisions of 1871
and 1883, and that these latter words in chap. 49,
sec. 6, of the revision of 1888, were inaptly used
in contrast with the former. In this view, the
record sent up shows that the commissioners
have proceeded regularly, and in accordance with
law, ana, therefore, the order is:
Record affirmed with costs
WESTERN DISTRICT, OXFORD COUNTY.
Lewiston Steam Mill Company vs. George R.
Castor. Four cases depending upon the same
statement of facts.
Rescrtpt By Haskell, IAN abbreviated record
OF Judgment in the Supreme Judicial Court that
complies with the requirements of II. s., chap. 49,
sec. H. is valid. Writs of error for errors in law
lie only for defects apparent upon the face of the
record. Ii there be error in law that would APP
pear from an extended full record that either par
~ desires To avail himself of upon a writ of error
he should, before trial. require the clerk to make
full, extended record of the judgment sought to
be reversed and if he refuses SO to do procure an
order from the court directing such record to be
made, and then present a transcript Of such ex-
tended, full record that the court may know from
inspection OF it whether an error exists. Defects
III declaration that are proper subjects of amend
ment, are cured by default, land cannot be reached
by writ of error. A record that recites a com
mand in the writ for the officer to attach certain
Speclfed logs upon which a lien is claimed, and
the return OF the officer that he did attach the
same and put his mark upon them and that with
III I'VE days thereafter he filed in the clerks office
OF Inc town where the logs lay, the usual copy Of
his attachment, is not sufficient to sustain judg-
ment IN rem against the logs.
Plaintiff non-Suit.
WESTERN DISTRICT, LINCOLN COUNTY.
Abel Trask VS.. William Trask administrator
Rcscr{pt-by Haskell, IA real action TO recover
land cannot be further prosecuted after the death
OF me tenant until his heirs are cited to appear
and defend. citation to all persons interested
IN the estate OF the deceased tenant without nam
ing any one, IS not sufficient to authorize the
n fag inf0f Dn.af Sons
ment for costs IN such action against the estate in
the hands OF the administrator, only be enter
ed when the demandant has Judgment for the
land. and is incident thereto.
Exceptions sustained. Report rejected.
WESTERN Observation-Disclosures COUNTY.
Fred $. Merrill VS.. the Western Union Tele-
graph Company.
Rescript By Haskell. IA verbal contract that
Inc plaintiff should labor for a manufacturer at
SD per day. commencing Monday, September
LIST, is defeasibe at the will of either party and
telegraph company is liable for nominal damages
only IN not delivering a telegram to the plaintiff,
seasonably notifying him Of the terms of the CON
tractt Whereby where ne lost al benefit from it.
Defendant defaulted for 81.
WESTERN DIsTRIcT-YoRK COUNTY.
York county.
Rescrit by Haskell, mo appeal lies TO the
county commissioners Of York county, from the
and lay out city street.
Writ to issue.
MIDDLE Observation-Disclosures COUNTY.
George F. Wing VS.. Thomas j. Neal.
ReScript By Ddntorth. 1.-The letters put in evi-
dence III this case do not appear to have been
copied. SO far as we have the testi-
mony, tie parties are in conflict with
some preponderancc from the corroborat-
ing testimony in favor of the defendant
The verdict shows that the jury must have come
to that conclusion, and believed that the defend
ant took the colt upon commission, and not by
purchase. They must also have come to the con-
clusion that when he disposed Of the horse the
first exchange in which he received another horse
and S25 in money, his authority as commission
merchant ceased, and this liability to account had
accrued: that the Plaintiff was not liable for losses
arising from subsequent exchanges, or for the
board of horses afterwards obtained. The court
is of the opinion that this view is in accordance
with the law well as the defendants own state
ment, and that another jury could not be expected
to do any better justice between the parties than
the present has done by the verdict now in ques-
ton.
Motion oVerluled.
Court adjourned until Tuesday, at 10 o'clock
a. M