The Portland daily press., 1896-03-26
SUPREME JUDICIAL COURT
OXFORD COUNTY.

Solomon Steinfeldt ct al VS.. Thomas
Jodris and trustee.
Rescript by Walton, 1.-THE trustee in
this case asserts positively and directly
that there was nothing due from him to
the principal defendant at the time of the
service or the trustee writ upon him.
Some OF his answers are indefinite as to
the amounts of his payments to the prin-
clpal defendant Also as to the time
when final settlement was had between
them But he asserts positively that such
settlement was had before the service of
the trustee writ upon him, and that bal
ance was then found to be due from the
principal defendant to MIN of $9S, or
Whereabouts. And there is no evidence
that contradicts him. The plaintiff
called the principal defendant as q wit
ness; but he failed to obtain any contra
dictory evidence from him. He corrobo-
rates the statement of the alleged trustee
that settlement was had betw cen them,
and that balance was found to be due
from him to the trustee, and that this
settlement was before the service OF the
trustee writ. Upon the evidence before
us, we fail to discover any ground on
which the trustee can rightfully be
oharRed. We think the entry must be,
exceptions. sustained, trustee discharged
with costs.
.
James A. Winslow VS.. Isaac B. Reed.
Rescript by Walton, Exceptions to
compulsory non suit. The presiding JUS
tice seems to have assumed that when
land Is bounded on private way, the
same rule applies as when land is bound
ed on highway, and that land so bound
ed extends to tue center OF the way. This
was erroneous. 1t is undoubtedly true
that when land is bounded on highway
it extends to the center of the way; but
it is equally well settled in this state
whatever the rule may be elsewhere. that
when land is bouL ded on private wav
it extends only to the side line CT the
way. Bangor House vs. Brown. SO
Maine, 300. Ames V. Hilton, 20 Maine,
36. Exceptions sustained.
YORK COUNTY.
State by complaint VS.. Austin L. Sin
mott and William Stone applts.
Kescript by Peters G. J.-Sincs the
stat. 1891, C. 1876. prosecution for the VIC
lation of the fish and game laws, as
therein provided, may be begun and fin
ished upon complaint before judges of
municipal and police courts and trial JUS
tiees. his mode of prosecution which
had been omitted apparently, by mad
vertance, from the statutes of 1887 and
1889. was expressly revived By that act
Of the legislature. The Saco Municipal
court has jurisdiction to render final
Judgment of conviction and sentence in
such prosecutions, subject to the right of
appeal. K. 5. Q. 1873, sec. 49, Exceptions
overruled. Case to stand for trial.
KNOX COUNTY.
Ida e. Robbins, pro ami vs. Laurin-
ton r. Morton. ct ais.
Rescript by Haskell J.-There is 10
legal ground upon which the ruling be-
low can be overturned. The plaintiff
could have no title to the diploma unit
it had been awarded her. Nor has she
proved the conversion Of diploma
blank. Exceptions oyerruled Inhabitants
OF saint George VS.. Inhabitants of Rock
land.
Rescript by Emery IA legitimate
minor child, whose deceased father has no
pauper settlement in this state, instant
ly acquires the new settlement Of the
mother gained ny her subsequent mar
riage. Defendant defaulted.