Grace v. Teague

Supreme Judicial Court of Maine

Grace v. Teague

18 A. 289, 81 Me. 559, 1888 Me. LEXIS 147

CourtSupreme Judicial Court of Maine

DecidedJune 27, 1888

StatusPublished

Cited by1 cases

This text of 18 A. 289 (Grace v. Teague) 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

Grace v. Teague, 18 A. 289, 81 Me. 559, 1888 Me. LEXIS 147 (Me. 1888).

Pincite

Opinion

Libbey, J.

The law is well settled, that, when an officer sets up his title to an office in defence of an action against him for his acts, he puts in issue his title to the office, and to justify must show that he has the legal title. It is not sufficient for bim to show that he is exercising the duties of the office as an officer de facto. The ruling of the court below on this point is correct. Pooler v. Reed, 73 Maine, 129; Andrews v. Portland, 79 Maine, 488, and cases there cited.

[560]*560It was agreed by the parties that the damages should not exceed the sum awarded. They are not excessive.

Exceptions and motion overruled.

Peters, C. J., Daneorth, Emery, Foster and Haskell, JJ., concurred.

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