Bean v. Ayers
Supreme Judicial Court of Maine
On Exceptions. Case upon the defendants’ accountable receipt for 1945 spruce and hemlock logs attached by tbe plaintiff’, as a deputy sheriff, upon certain writs, of which that in Sheridan v. Ireland, 66 Maine, 65, was one. The writ in this case is dated November 23, 1876, and was entered at the January term, 1877, when the defendants filed a general demurrer to tbe declaration, which was joined by tbe plaintiff and overruled by the court. The defendants filed exceptions.
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On Exceptions. Case upon the defendants’ accountable receipt for 1945 spruce and hemlock logs attached by tbe plaintiff’, as a deputy sheriff, upon certain writs, of which that in Sheridan v. Ireland, 66 Maine, 65, was one. The writ in this case is dated November 23, 1876, and was entered at the January term, 1877, when the defendants filed a general demurrer to tbe declaration, which was joined by tbe plaintiff and overruled by the court. The defendants filed exceptions. Under the entry of the exceptions on the docket, the court ordered the entry: “To be argued in thirty days by tbe…
1Opinion of the CourtPeters, J.
The two questions first presented in the exceptions arose in this way : A demurrer was filed to the plaintiff’s declaration and overruled. The defendants excepting to the ruling, the case was marked law. At the next term of the court, (at nisi jprius) and before the case was considered by the law court, at the instance of the plaintiff and with the consent of the justice presiding, an entry was made upon the docket that the defendants’ exceptions were sustained and the declaration adjudged bad. The plaintiff then amended his declaration upon the payment of costs, and at his request the cause…
2Cases cited10 opinions
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Church v. GilmanNew York Supreme Court · 1836
- Colvin v. BurnetNew York Supreme Court · 1837
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- State v. PhillipsTennessee Supreme Court · 1850
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3Cited by1 opinion
- Sullivan v. HallMichigan Supreme Court · 1891