Morton v. Chase
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Pebham J. presiding. The action was case, for diverting the water from the plaintiff’s mill, situated within the county of Penobscot, and was originally brought|before a justice of the peace, in the county of Waldo, in which county the defendant resided. The damages demanded were twenty dollars.
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Exceptions from the Court of Common Pleas, Pebham J. presiding. The action was case, for diverting the water from the plaintiff’s mill, situated within the county of Penobscot, and was originally brought|before a justice of the peace, in the county of Waldo, in which county the defendant resided. The damages demanded were twenty dollars. When the action was opened for trial in the Court of Common Pleas, the counsel for the defendant moved in writing, that the Court should order a nonsuit, because it appeared by the plaintiff’s declaration, that his cause of action, if any, accrued to him…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
It is provided by statute, that all civil actions wherein the debt or damage does not exceed twenty dollars, and the title of real estate is not in question, shall be heard and tried by any justice of the peace within his county, c. 76, <§> 8. And in the act regulating judicial process and proceedings, c. 59, § .9, it is declared, that all personal and transitory actions shall be brought in the county where one of the parties lives. .Enactments very similar had existed in Massachusetts, while her laws were in force here, and it had been…
2Cases cited1 opinion
- Sumner v. FineganMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- Graves v. McKeonNew York Supreme Court · 1846