Knight v. Thomas
Decision Date | 11 January 1900 |
Citation | 45 A. 499,93 Me. 494 |
Parties | KNIGHT et al. v. THOMAS et al. |
Court | Maine Supreme Court |
(Official.)
Exceptions from supreme judicial court, Sagadahoc county.
Petition of Samuel Knight and others for a writ of mandamus against Eugene Thomas and others. Rule discharged, and exceptions by plaintiffs. Exceptions overruled.
This was a petition of Samuel Knight, and 14 other taxpayers and residents of Topsham for a writ of mandamus against the assessors of taxes in that town. The petition was filed April 21, 1899, and alleged as follows:
The petition was duly signed and sworn to by the subscribers. A summons to the respondents was ordered on May 3d to issue, and made returnable at judge's chambers in Auburn May 10th, where a hearing took place. Thomas and the other assessors filed a motion to discharge the rule to show cause, as also did the Pejepscot Paper Company. These motions were sustained, and, exceptions having been allowed, the cause was, by agreement of the parties, entered at the May law term, Middle district.
The principal grounds set forth in the motion to dismiss were as follows:
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