Stevens v. Doherty

Supreme Judicial Court of Maine

Stevens v. Doherty

65 Me. 94, 1876 Me. LEXIS 18

DecidedMarch 7, 1876

StatusPublished

This text of 65 Me. 94 (Stevens v. Doherty) 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

Stevens v. Doherty, 65 Me. 94, 1876 Me. LEXIS 18 (Me. 1876).

Pincite

Opinion

Appleton, C. J.

This is an action of trespass guare clausum,„ The defendant pleaded the general issue and filed a brief statement, in which he alleged that the plaintiff was using the premises from which he was ejected for unlawful purposes and in violation of the laws of Maine, and that the acts complained of were done by the direction of the city marshal of the city of Portland.

The plaintiff demurred to the defendant’s plea, which the court adjudged good. The general issue duly pleaded could not be adjudged other than a good plea. The demurrer is not to the brief statement. It is not necessary to consider whether that is good or not, as the demurrer does not reach it and no exceptions are taken to its sufficiency. Exceptions overruled.

Walton, Daneorth, Virgin and Peters, JJ., concurred.

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Appleton, C. J.

This is an action of trespass guare clausum,„ The defendant pleaded the general issue and filed a brief statement, in which he alleged that the plaintiff was using the premises from which he was ejected for unlawful purposes and in violation of the laws of Maine, and that the acts complained of were done by the direction of the city marshal of the city of Portland.

The plaintiff demurred to the defendant’s plea, which the court adjudged good. The general issue duly pleaded could not be adjudged other than a good plea. The demurrer is not to the brief statement. It is not necessary to consider whether that is good or not, as the demurrer does not reach it and no exceptions are taken to its sufficiency. Exceptions overruled.

Walton, Daneorth, Virgin and Peters, JJ., concurred.

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Bluebook (online)

65 Me. 94, 1876 Me. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-doherty-me-1876.