Daily Kennebec journal., 1908-12-17
THE Law COURT,
Only -Four PenobsCot Coun
ty Cases Heard.
Test Case in Regard to Uni.
Of Maine Chapter Houses.
Rescripts Handed Down in Two An.
droseoggin County Cases.


But four OF the long list of Peneb-
scot county cases We're argued in the
law court Wednesday. The remaind-
er of the PenobscOt county cases will
come up Thursday and also the Piscat-
aquis county cases, which are called
for that day. Among the Penobscot
county attorneys present at the session
Wednesday We're Donald F. Snow,
Taber D. Bailey. Charles A. Bailey, A.
L. Blanchard, E. NJ. Simpson. NJ. S.
Clifford, Judge l.. T. stearns and Hor-
ace ]. Martin of Bangor; Judge
Charles j. Dunn of Orono and Henry
w. Mayo of Hampden. The first case
to come UP for argument was that of
Gerrity VS.. Pinkham. This was an ac-
ton arising from a dispute over a di
vision line in the town. of Brewer and
came ur from the October term Of the
Penobscot county supreme court. E.
NJ. Simpson for Garrity and T. D.
| Bailey for Pinkham.
ToZier ct ais. VS.. American Realty
/ Co.. to recover the balance alleged to
be due for cutting pulp WOOD upon
Township 6, Range 8. A verdict was
given at the October term of the Pc
nobscot county supreme judicial court
in favor OF the plaintiff and the case
comes up upon motion and exceptions
by defendant. The defendant argued
| that the entire contract was to cut
over a certain territory and that the
plaintiff only cut part and consequent
lv could not recover for the balance
due. The plaintiff claimed that he cut
al! wood that was suitable for pulp. II.
w. Mayo of Mayo & Snare for Amer
lean Realty Co.: Forest J. Martin of
Martin & Cook for Tozier.
Dugan vs. Beane. This was a suit
brought by p. r. Dugan of Bangor
against Edith r. Beane as the alleged
guarantcr of a note. At the April term
OF the Penobscot county supreme court
verdict Of $i43 was given the plaintiff
and case comes up upon defendants $
motion for a new trial. The defence
areued that the note was obtained by
fraud and duress NJ S. Clifford for
Durgin. A. J. Merrill for Beane.
The most important case of the af-
ternOon was that of OrOnO VS.. the Sig
ma Alpha Epsilon Society. This is a
| case where the town of OronO taxed
several chapter houses and was taken
as " test case and came up on an
agreed statement of facts. Charles j.
Dunn and George f. Thompson OF
Orono for plaintiffs; Gould & Lawrence
of SkoWhegan for defendants
Rescripts in two AndroScOggin cases,
one of particular interest, that OF
| Charles L. Macurda VS.. Lewiston Jour-
nal Co, were handed down in the law
court Wednesday,:
Androscoggin County-Charles l.. Ma
curda VS.. Lewiston Journal Co.
Same VS. Same Rescript. King, j.
| Each action is to recover damages
for an alleged libel and is before the
| court on exceptions to a pro forma
| overrulng of a general demurrer to
the declaration. In the first action the
publication of the alleged libclous mat
ter is stated in this form:
stSaid defendant did falsely
! and maliciousY compose. print, pub
| ish and circulate, or cause to be COM
posed, printed, published and circulated
in a certain public newspaper
a certain scandalous and malicious Ii
| bel of and concerning the plaintiff
In the other action the publication is
stated in this form:
"Said defendant did falsely
| ana maliciously compose and publish,
or cause and prepare to be composed
| and published in certain
newspaper a certain malicious
libel of and concerning the plaintiff =
1t is general rule of pleading that
the declaration must allege the cause
of action-the grievance complained Of
deli
niteness that the defendant may
know what to answer by his pleadings
and proof When material
facts are stated in the alternative, so
that it cannot be determined upon
which of several equally substantial
averments the pleader relies for the
maintenance of his action the plead
ing is bad for uncertainty. disjunc-
tive or alternative allegation as to the
essence Of the cause of action is as
pure an example of uncertainty as can
we'll be found. for it completely con-
ceals from the defendant the ground
upon which a recovery is claimed.
In each declaration it is alleged that
the defendant did an act complained of
or caused it to be done. This uncer-
t;;inty of allegation goes to the very
essence OF the cause oi actloH--to llte
act CT defendant from which the
cause of action springs, for it does not
appear upon which of those two sub
stantivc acts the plaintiff relies as the
cause Of action.
If from the declaration the cause of
action does not sufficiently appear. the
pleading is defective in matter of sub
stance. 1t is the opinion of the court
that the declaration in each case is de- |
fective because of the distinctive form
of allegation used and that the defect
is reached by general demurrer. The
entry in each case must be
Exceptions sustained,
Andruscoggin COunty-Ernest Robi- |
chaud VS. Alfred Maheux. Rescript. |