Kittery v. Portsmouth Bridge

Decision Date11 January 1886
Citation2 A. 847,78 Me. 93
PartiesKITTERY v. PORTSMOUTH BRIDGE.
CourtMaine Supreme Court

J. M. Goodwin, for plaintiff.

Geo. C. Yeaton, for defendant.

HASKELL, J. Debt, for a tax assessed by the town of Kittery upon that part of Portsmouth toll-bridge situated within that town. The defendant is a corporation and the owner of the bridge. No question is made as to the regularity of the tax, nor as to the sufficiency of the demand before suit. Rev. St. 1871, c. 6, § 3, in force when this tax was laid, provides that "real estate, for the purposes of taxation, * * * shall include all lands in this state, and all buildings and other things erected on or affixed to the same." Chapter 1, § 4, rule 10, provides that "the words 'land or lands' and the words 'real estate' include lands, and all tenements and hereditaments connected therewith, and all rights thereto and interests therein." By these rules that part of the bridge within the town of Kittery is there taxable as real estate. Hall v. Benton, 69 Me. 346. Defendant defaulted.

PETERS, C. J., WALTON, VIRGIN, LIBBEY, and FOSTER, JJ., concurred.

1 Reported by Baker, Baker & Cornish, Esqs., of the Augusta bar.

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7 cases
  • Bean v. Cent. Maine Power Co.
    • United States
    • Maine Supreme Court
    • 21 Junio 1934
    ...v. Straw, 86 Me. 76, 29 A. 950; Paris v. Norway Water Co., 85 Me. 330, 27 A. 143, 21 L. R. A. 525, 35 Am. St. Rep. 371; Kittery v. Portsmouth Bridge, 78 Me. 93, 2 A. 847; Hall v. Benton, 69 Me. 346; in condemnation proceedings under the right of eminent domain, Lime Rock R. R. v. Farnsworth......
  • George County Bridge Co. v. Board of Sup'rs of George County
    • United States
    • Mississippi Supreme Court
    • 27 Octubre 1930
    ... ... 778, 852; Toll Bridge Co. v. Osburn, 35 Conn. 7; ... Alexandria Canal R., etc., Co. v. District of ... Columbia, 1 Maskey 217; Kittery v. Portsmouth Bridge ... Co., 78 Me. 93, 2 A. 847; Delaware Bridge Co. v ... Metz, 29 N.J.L. 122; Hudson River Bridge Company v ... Patterson, ... ...
  • Inhabitants of Paris v. Norway Water Co.
    • United States
    • Maine Supreme Court
    • 25 Febrero 1893
    ...Hall v. Benton, 69 Me. 346. So was that part within the state of a toll bridge across a river that marks the boundary line. Kittery v. Portsmouth Bridge, 78 Me. 93, 2 Atl. Rep. 847. Water pipes were assessed in solido with personal property in Rockland v. Water Co., 82 Me. 188, 19 Atl. Rep.......
  • Inhabitants of Foxcroft v. Straw
    • United States
    • Maine Supreme Court
    • 9 Diciembre 1893
    ...be assessed, as real estate, to the defendant as tenant in possession. Paris v. Water Co., 85 Me. 330, 27 Atl. 143; Kittery v. Proprietors, 78 Me. 93, 2 Atl. 847; Hall v. Inhabitants of Benton, 69 Me. 346; Flanders v. Cross, 10 Cush. 514; McGee v. City of Salem, 149 Mass. 238, 21 N. E, But ......
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