Inhabitants of Knox v. Inhabitants of Waldoborough
Supreme Judicial Court of Maine
This was an action for supplies furnished to the wife of John Braddock, as a pauper, subsequent to those sued for in the former action between these parties, reported in 3. (Jree.nl. 455. That. cause was submitted to the jury in the court below, upon the evidence contained in a written statement of facts, agreed by the parties ; and it came up on exceptions to the opinion of Perharn J. on the case so stated.
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This was an action for supplies furnished to the wife of John Braddock, as a pauper, subsequent to those sued for in the former action between these parties, reported in 3. (Jree.nl. 455. That. cause was submitted to the jury in the court below, upon the evidence contained in a written statement of facts, agreed by the parties ; and it came up on exceptions to the opinion of Perharn J. on the case so stated. But in the bill of exceptions no notice was taken of the agreement of the parties expressed in that statement, that if the opinion of the court should finally be against the plaintiffs,…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court, at the ensuing November term in Cumberland.
The reported decision of the former suit between these parties, (see 3. Greenl. 455.) was founded on a statement of facts signed by the counsel of the respective parties in the Court of Common Pleas, containing the usual agreement, that if the court should be of opinion that, on the facts therein stated, the action was not maintainable, the plaintiffs, would become nonsuit. It appears that the court were of that opinion, and that accordingly a nonsuit was entered, and judgment rendered in favor of the…
2Cited by4 opinions
- Badger v. BadgerU.S. Circuit Court for the District of Massachusetts · 1859
- Robinson v. Merchants' & Miners' Transportation Co.Supreme Court of Rhode Island · 1889
- Derby v. JacquesU.S. Circuit Court for the District of Massachusetts · 1860
- Greely v. SmithU.S. Circuit Court for the District of Maine · 1846