Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-03
AUGUSTUS LAWSUITS.
Annual Report Of City Solicitor
Thomas Leigh.
Solicitor
Gives All the Legal Proceedings in Which
Augusta Is Interested.

form tnat IL mas UeeH Hlco "i'' YIN
city auditor. This report gives all tnat
has transpired in the past year IN the
way of legal interest to the city ana ~
involves the decision and opinions on
the matters settled and those pending.
1t is interesting for citizens OF Au-
gusta to read:
To the Honorable Mayor and City
Council of the City of Augusta:
/ have the honor to submit the fol-
lowing report of the law department of
the city for the municipal year ending
March 81, 1899:
The cases pending at the commence
ment of the past year were as follows:
City of Gardner VS.. City of Angus
Ia, superior court, kennebec county.
Clara Gardiner VS.. City of Augusta
superior court, Kennebec county.
City of Augusta VS.. David p. KIM
ball and James Van Deventer, trustees
of estate of Horace Williams. supreme
judicial court, Kennebec county.
City ofsWatervilie VS.. City of Angus
ia superior court, Kennebec county.
The following new cases have arisen
during the past year in which the city
is a party;
LtOISt W.. lily VI
Ia, supreme judicial court Kennebec
county.
John c. Walker VS.. City of Augusta,
supreme judicial court. kennebec
county.
James Duncan VS.. City of Augusta,
10 be entered superior court. kennepec
county, June term. 1899.
Thatcher VS.. Augusta, supreme judi
cial court, PenobscOt county.
The case CityiOf Gardiner vs.. City OF
Augusta, has, as L stated in my last an
nual report, been in court for long
time, pending the determination of the
pauper settlement of one Lorenzo Mo-
rang. The plaintiff city in this SUIT
have not insisted on trial of this ac-
ton and as counsel for the city of Au-
gusta, 7 have not insisted upon dis
position of the case, believing that fin
ally the action could be adjusted with
out the expense of litigation.
The case Clara Gardiner vs. City of
Augusta, an action for damages for in
juries on the highway, is still on the
docket for the superior court of this
county. have always believed the city
had a perfect defense to this action, it
Will undoubtedly be finally disposed Of
at the next term of the superior court
which cOnvenes the first Tuesday of
April.
The action City of Augusta VS.. David
p. kimball, ct al, trustees, involving a
tax bill of s312321. assessed to said
trustees on certain annuities payable
in this city, was at the date of my last
annual report in the hands of the law
court awaiting the determination Of
questions of law. In June last the law
court handed down its opinion. holding
that this action could not be main
tanned and entering judgment for the
defendants.
The case City of Waterville VS.. City
of Augusta. involved the pauper settle
ment of Matilo Baldc and bill for
Dauper supplies amounting to $50
This case was adjusted without trial
and by the payment to the City of
Waterville of the amount involved in
the suit.
The case of George i. Friend VS..
City Of Augusta. was a suit to recover
the sum OF $2S7.00 for services fur
nished one George Preble, who had his
p1uper settlement in the town of Fair
field. Therefore, Fairfield assumed the
same with DR.. Friend at the March
term of the supreme judicial court,
DR.. Friend making a substantial re-
duction in the amount of his bill.
The case of John C. Walker vs. City
Of Augusta, was entered at the March
term of our supreme judicial court and
will be in order for trial in October
This suit is brought to recover dam
ages for injuries sustained by reason
or the alleged defective condition of the
wooden sidewalk on the north side of
Eastern avenue. l am still of the opin-
ION that the city has perfect legal de-
fence to this action
The case of James Duncan VS.. the
city of Augusta, will be in order for
trial IN September before Judge Hall
ana jury in the superior court. The
plalntiH claims to recover the sum Of
s5l.4l Tor labor. claiming that in March.
1894, the city treasurer paid this
amount to some one else on his ac-
count | do not think this suit can be
maintained, but if it can be- the city
would legally hold j. Z. Fuller, who
was city treasurer in March, 1894. for
whatever judgment was recovered
against it in this action, if any
The case of Thatcher VS.. Augusta
was a pauper suit involving simply a
question of amount. The pauper had
her settlement in Augusta, but the bill
for pauper supplies seemed to the
oVerSeer of the poor and myself. to be
unreasonably high. A reduction was
made in the amount of the bill, and
the case was adjusted with litigation.
In the matter of the petition of the
city of Augusta, by its committee on
highways for the municipal years 1897
1898, for a discontinuance of the Man
chester Coombs' Mills road (so-called)
the petitioners We're given a hearing
by the county commissioners in June
last, the hearing continued two days
the commissioners reserved their dec-
cision and filed the same at the August
term of said commissioners court.
which was a refusal to grant the
prayer of the petitioners for the dis
continuance of said road. From this
decision l entered an appeal to tile
supreme judicial court, where the
prayer of the petitioners is still pend
ing. The justice of the supreme judi
cal court, presiding here in October
last. appointed a commission as pro-
Vided for in the statutes of this State