Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-15
Law COURT.
Knox, Lincoln, Penobscoi
and PisCataquis Gases.
The Bangor Public Library
Site Case Discussed.
Naturalization Papers Ordered Pre-.
scented First Day.

The first session of the Maine law
court with Lucillius A. Emery presid-
ing as chief justice was held at the court
house yesterday. The first case to be
argued was that Of Bennett VS.. Dyer ct
al. 4 Trs. of Knox county. A. S. Little
field of Rockland appearing for the
plaintiff and J. II. Montgomery Of
Camden for the defendant. The action
is brought to recover damages from
the prospective purchaser of a laundry
on the ground that, surprising the sale
to be complete the plaintiff also sold
his house at forced sale, for he intended
to move himself and family to dryer
climate. Since the defendant did not
fulfill his part of the contract, to buy.
and since. on account of the sale Of the
house being a forced sale, a smaller
price was received for it than would
have been secured. probably, at an easy
sale, the plaintiff sues for the differ
enCe between what the house was fair
" worth and what he sold it for under
pressure.
The defendant claimed that there was
no mention Of the sale of the house
when the trade was made and the talk
about going West was simply trade
talk, giving an excuse for sale.
William H. Hilton of Damariscotta
and A. S. LittlefieId Of Rockland APP
pnarcd for the plaintiff and defendant
respectively in the Lincoln county case
of John p. Chase OF Edgecomb VS.. Will
liam a. Cochran ct ais. of Edgecomb.
This case comes before the full bench
on report and is concerning an action
of tresnass for building bridge across
some tide water flats in front of the
plaintiffs mill dam, shutting off his
avenue Of in&sress and cgress thereto.
The plaintiff had rot built mill on
the dam or begun the manufacture of
patent, which manufacturing he had
in mind when the bridge was built but
he would have done so if the bridge
had not been erected.
The defendant claimed that the evil
dcnce dill not show that the plaintiff
suffered any special damage; that some
of the defendants were public officers
and SO long as they act in good faith
as such, are not subject to suit; and
last, that the contractors were reSpOn-
sible for the construction, but not the
maintenance of the dam.
The Lincoln county case Of Sarah
f. Munsey of Wiscasset VS.. William
ID. A. Hanley was the next case to be
argued. William H. Hilton of Dam
ariscotta appeared for the plaintiff and
the Hon. Lindley VI. Staples of WASH
ington for the defendant. The case
was that Mrs Munsey a widow whose
Il l,.,I .,,
session of the property. She brought
an action for trespass against Han
ley. The court ordered non-suit at the
trial ruling that she had no ground
by which to maintain the action.
In the law court the case was argued
at some length by both attorneys.
The only Penobscot county. case to
lie argued was that of Laura Hayford,
TT. Petr. vs.. the Municipal Officers
of Bangor; G. +. Woodward and +. c.
Ryder for the petitioner; +. p. MUIR
ray. c. a. Bailey and r. d. Bailey for
the defendant. This is the case where
the city Of Bangor started to take a
lot on Hammond street for a library,
but met with determined opposition on
the part Of the owners. 1t has Il front
age of over 100 feet on Hammond
direct ana extends back to kendus-
kaaG stream, and the damages allowed
We're $4,000. The plaintiff represents
that the city has no jurisdiction to take
the whole of the premises as lot for
a public library building and that in
taking the whole are erroneous and il
legal.
The matter is brought before the law
court in the form of a petition for a
writ of cretiorar. the prayer being
that the court will issue its writ OF
centiorari ordering the said municipal
officers to certify their records relating
to the taking of said premises and
awarding damages therefor, that they
may be presented to this court to the
end that the same or so much thereof
as may be illegal may be quashed."
The allegations of the plaintiff are
that the whole of the land is not
necessary for a library site and that
the whole Of the premises are not suit
able for that purpose.
In reply the city claims that the
whole of the lot is necessary to provide
proper grounds around the building
and to provide for future engagements.
They further claim that the whole of
the lot is suitable to the purpose for
which it is to be used.
The last case of the day came from
Piscataquis county. being Frank Bry-
ant of Pittsfield VS.. Herbert Z. Knapp
/ of Milo, an action involving an i'm
proper return on an attachment of
real estate by an officer. Edgar f..
Sherburne appeared at the return term
and claimed to be the owner of the
property improperly attached to Sc
cure the price of building material fur
nished to Knapp and used in the con-
struction Of a dwelling in Milo. George
w. Howe of Milo appeared for the
plaintiff and W. a. Johnson Of Milo for
the defendant. During the progress of
the argument. at the suggestion of
Chief Justice Emery. the two attor-
neyS agreed that the parties stipu-
late that in case the court overrules the
exceptions, the plaintiff abandons his
claim of his lien on house and land of
Edgar a. Sherbourne. claimant" This
was done in order that the matter
might come to a final decision in this
court.
The following was the disposition OF
the dockets of the several counties as