Supreme Judicial Court of Maine July 1, 1871 (Coombs v. Gorden)

Daforth, J.

In this 'country markets overt, as established in England, have never been recognized as legal institutions. Aside from these, he^e as everywhere, there is no principle of the common law by which any person’s property can be taken from him for any other than a public purpose, excepting by his own consent, or by “ due process of law.