The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-12-31

The following decisions with rescripts have
been sent down in cases pending before the
Law Court. The rescripts are by Judge
Virgin:
YORK COUNTY.
Robsf n Sissennss 81 All Ry ssEd
Rescript-In Hobbs, Judge VS.. Garland, 81 Me-
this held that an action of assumpsit cannot
be maintained TO recover sum allowed by the
Judge OF probate TO a guardian for advances in
excess of his receipts from their property made In
behalf of his minor wards; that his remedy was
in the probate court as therein pointed out that
judgment rendered on default In such action was
This is the companion case Of that between the
same parties. In which the plaintiffs in error as
which the defendants plea Of In nallo est errat,n
admits to be true. Former judgment reversed.
FRANKLIN COUNTY.
Amos Phillips vs. George NJ. Vose and certain
lumber. J w. Rowe and Fred Rowe, claimants.
Rescript-When poplar and b rich logs are, I'M
der one contra t, cut and hauled from the same
laud and delivered at the same mill In separate
piles, all In the same season, an action to enforce
a laborer's lien thei con is se4sonablv commenced
within sixty days after all the poplar and birch
logs are thus delivered
merchant who has received the labOrer's
claim for wages upon the logs. for goods sold and
delivered, may maintain an action in the name of
sS n ne
terest from date of writ. judgment for lien on
the poplar and birch logs and lumber attached.
LINCOLN COUNTY.
William Weeks VS.. Abial Trask.
MISUNDERSTANDING upon the disputed land an 1
erecting thereon fence several rods from the
line between the parties, adjoining lands designa-
ted by arbitrators to whom the finting and fixing
the true line was submitted, do not constitute a
breach OF the agreement ITO abide by and per
form the award" Exceptions sustained. De
murrer sustained. Declaration judged bad.
ANDRosooGeIN COUNTY.
Henson Nj. Dixon VS.. Frank Fridette.
Rescrapt- he plat. tiff and his witnesses testi-
fed that the defendant agreed to cut all the wood
on certain lot at nxed rate per cord payable
when all was cut and surv yed. The defendant
and his choppers cut portion OF the wo.d, when
the choppe sued the defendant for their wages
lien, the p ntiff paid the judgments and sued the
defendant on an implied agreement to save him
harm ess from all liens The defendant and his
witnesses testified that he was to cut only such
part of the wood he chose, and IL was TO be sur
yeyed and paid for every two weeks. Held. that
1t was erroneous for the presiding justice to order
averdict for the plaintiff. Exceptions sustained.
KEENEBEc COUNTY.
Thomas fitzpatrick ct ais, in equity, VS.. Daniel
Glidden ct ais.
Rescript-Where husbands intention of dlyis-
Ing his property to his own heirs was changed and
It was devised TO his wife absolute in FORM upon
her assurances that she would only use 1t during
her life and devise the remainder to his heirs on
Dill IN equity by the husbands heirs II was held
trust. Bill sustained.
judgments for plaintiffs against the goods and
estate OF sarah Fitzpatrick in the hands of the ad-
ministrator on her estate for the OF SO sos O6
less the sums paid to Zubra Fitzpatrick; the
amount paid for erecting the monument and car
ing for the cemetery; and the commissions paid
10 the exrcu or, which said several sums, II not
agreed upon by the parties to be ascertained by a
master Decree dinghy.