Palmer v. Merrill
Supreme Judicial Court of Maine
On exceptions to the- ruling of Cfoddard, J., of the superior court, for Cumberland comity. Assumpsit, on an account annexed, commenced in the municipal court and by appeal entered in the superior court, where it was tried by the judge without the intervention of a jury, subject to exceptions in matters of law. ■ At the trial, after the plaintiff' had given his own testimony, a nonsuit was ordered, on motion of tile defendant; to which ruling the plaintiff’ alleged…
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On exceptions to the- ruling of Cfoddard, J., of the superior court, for Cumberland comity. Assumpsit, on an account annexed, commenced in the municipal court and by appeal entered in the superior court, where it was tried by the judge without the intervention of a jury, subject to exceptions in matters of law. ■ At the trial, after the plaintiff' had given his own testimony, a nonsuit was ordered, on motion of tile defendant; to which ruling the plaintiff’ alleged exceptions. After the exceptions were allowed, the plaintiff filed a written motion “ for leave to strike from said suit the name…
1Opinion of the CourtAppleton, C. J.
The plaintiif, after proceeding to trial, was nonsuited upon his own showing, by the presiding justice.
By the U. S. bankrupt act, approved March 2,1867, c. 176, § 21, when the bankrupt has filed his petition in bankruptcy, and there are suits pending against him, “no creditor whose debt is provable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor’s discharge shall have been determined: and any such suit or proceeding shall, upon the application of the bankrupt, be stayed to await the…
2Cited by3 opinions
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
- Evarts v. HydeSupreme Court of Vermont · 1878