106 Me. 539 | Me. | 1910
The action was trespass q. c. for entering plaintiffs’ close and cutting down trees thereon. After verdict for the plaintiffs for actual damages as instructed by the court, the plaintiffs moved for judgment for three times the amount of the actual damages. The court denied the motion and the plaintiffs excepted. The bill of exceptions allowed by the presiding Justice and presented to the Law Court made "the evidence introduced at the trial, including the plans and photographs exhibited,” a part of the bill. The evidence, plans and photographs thus made a part of.the bill were not filed, and were not produced at the Law Court, whereupon the defendant moved the Law Court to dismiss the exceptions.
The plaintiffs claim that the remainder of the bill without the evidence, plans or photographs, contains enough to enable the Law Court to determine whether the ruling was correct or not. Whether the Law Court can so determine without the evidence, etc., is a question for the Justice who made the ruling and settled the bill of exceptions. He, not the Law Court, is the judge in the first instance of what the bill should contain or omit. If the excepting party is not satisfied with the Justice’s determination of that question, he should petition the Law Court to establish a proper bill of exceptions. If, instead, he brings to the Law Court the bill settled by the Justice, he must bring the whole of it as so settled, — must comply with all its requirements to be entitled to a hearing.
Exceptions dismissed.