Grace v. Teague
| Decision Date | 27 June 1888 |
| Citation | 18 A. 289,81 Me. 559 |
| Parties | GRACE v. TEAGUE. |
| Court | Maine Supreme Court |
Exceptions from superior court, Aroostook county.
This was an action of trespass for assault and battery, by Michael Grace against J. D. Teague, tried on agreed statement of facts. Defendant, after his commission as trial justice had expired, but not aware of this fact, issued a warrant upon a proper complaint against plaintiff, who was arrested, and brought before defendant for trial. Plaintiff was found guilty, and required to pay a line and costs. It was agreed that if defendant was liable in this action, it being conceded he acted in good faith, damages, not to exceed $36, might be assessed. The presiding justice gave judgment for plaintiff, and assessed the damages at $36. Defendant excepted, and moved for a new trial.
P. C. Keegan, for plaintiff. King & King, for defendant.
The law is well settled that, when an officer sets up his title to an office in defense 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 a legal title. It is not sufficient for him 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 Me. 129; Andrews v. Portland, 79 Me. 488, 10 Atl. Rep. 458, and cases there cited.
It was agreed by the parties that the damages should not exceed the sum awarded. They are not excessive. Exceptionsand motion overruled.
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... ... Supervisors, 53 Id., 715; People v. Weber, 89 ... Ill. 348; People v. Weber, 86 Id., 284; Miller ... v. Callaway, 32 Ark. 666; Grace v. Teague, 18 ... A. 289; Morgan v. Vance, 4 Bush [Ky.], 329; ... Patterson v. Miller, 2 Metc. [Ky.], 496; Pearce ... v. Hawkins, 2 Swan ... ...
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Mangold v. Oft
...Barr v. Post, 56 Neb. 698, 77 N. W. 123;Levi v. Brooks, 121 Mass. 501;Senecal v. Labadie, 42 Mich. 126, 3 N. W. 296;Grace v. Teague, 81 Me. 559, 18 Atl. 289. But the defendant insists that the evidence of previous threats was admissible in mitigation of damages. In this state the recovery i......
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Mangold v. oft
...Barr v. Post, 56 Neb. 698, 77 N.W. 123; Levi v. Brooks, 121 Mass. 501; Senecal v. Labadie, 42 Mich. 126, 3 N.W. 296; Grace v. Teague, 81 Me. 559, 18 A. 289. But defendant insists that the evidence of previous threats was admissible in mitigation of damages. In this state, the recovery in ca......
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...office, or any other matters in justification of his conduct, both in pleading and in proof, see Pooler v. Reed, 73 Me. 129; Grace v. Teague, 81 Me. 559, 18 Atl. 289; Blake v. Damon, 103 Mass. 199; 2 Enc. Pl. & Prac. 862. Moreover, even if the defendant had pleaded his official capacity in ......