Pinkham v. Jennings
Supreme Judicial Court of Maine
On exceptions. A proceeding in the form of an action in assumpsit in which plaintiff seeks to recover commissions alleged to be due for the sale of a timber or wood lot. The instrument purporting to be a writ, dated September 13, 1922, presents no evidence whatever of having been issued by authority of the court, as it bears no seal of the court and has no attesting signature of the clerk of any court. The defendant waived service, appeared and pleaded the general issue.
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On exceptions. A proceeding in the form of an action in assumpsit in which plaintiff seeks to recover commissions alleged to be due for the sale of a timber or wood lot. The instrument purporting to be a writ, dated September 13, 1922, presents no evidence whatever of having been issued by authority of the court, as it bears no seal of the court and has no attesting signature of the clerk of any court. The defendant waived service, appeared and pleaded the general issue. When the case was called for trial and before it was opened to the jury, the defendant filed a motion to quash the writ and…
1Opinion of the CourtSpear, J.
The exceptions state the case as follows: “This was an action of assumpsit wherein the plaintiffs sued to recover under an account annexed to the writ and common omnibus account the sum of $500.00, for commission to him for the sale of a certain timber or wood lot. The writ was not attested by the Clerk of- any Court, neither was there any seal of any court impressed upon the writ. The general issue was pleaded by the defendant to the merits of the case and filed on the first day of October Term, 1922. When the case was called for trial and before it had been opened to the jury on the part of…
2Cited by5 opinions
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- Legault v. Decision of Judge of Probate LevesqueSupreme Judicial Court of Maine · 1954
- Elwell v. OlinSupreme Court of Vermont · 1926
- Ramsey v. McDonaldSupreme Court of Vermont · 1936