Brock v. Berry

Supreme Judicial Court of Maine

Brock v. Berry

31 Me. 293

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1850

StatusPublished

Cited by2 cases

This text of 31 Me. 293 (Brock v. Berry) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brock v. Berry, 31 Me. 293 (Me. 1850).

Pincite

Opinion

Howard, J., orally.

We hold, with the District Court, that the motion to abate the writ was too late.

The facts tend to show that the tenancy was at will; but the parties have agreed it was at sufferance. The owner, then, had no right to enter by force. The tenant was entitled to reasonable time in which to remove, and might stay till removed by legal process. The owner had a legal remedy; he adopted an illegal one. Action sustained.

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Howard, J., orally.

We hold, with the District Court, that the motion to abate the writ was too late.

The facts tend to show that the tenancy was at will; but the parties have agreed it was at sufferance. The owner, then, had no right to enter by force. The tenant was entitled to reasonable time in which to remove, and might stay till removed by legal process. The owner had a legal remedy; he adopted an illegal one. Action sustained.

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Bluebook (online)

31 Me. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brock-v-berry-me-1850.

Opinion

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