Woodman v. Inhabitants of Somerset
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J., presiding. Debt, on a judgment of the County Commissioners of Somerset county, rendered in March, 1838. The writ is dated July 18, 1851. The defendants put in three several pleas, the last of which was the statute of limitations, to which there was a demurrer and joinder. There was also an issue upon the plea of nil debet.
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On Report from Nisi Prius, Howard, J., presiding. Debt, on a judgment of the County Commissioners of Somerset county, rendered in March, 1838. The writ is dated July 18, 1851. The defendants put in three several pleas, the last of which was the statute of limitations, to which there was a demurrer and joinder. There was also an issue upon the plea of nil debet. The plaintiff introduced evidence of the laying out of a road by the County Commissioners across his land, upon proceedings had, and a judgment of that Court for the damages sought to be recovered in this action. He also introduced the…
1Opinion of the CourtShepley, C. J.
— The action is debt upon a judgment of the Court of County Commissioners rendered in the month of March, 1838. The suit was commenced on July 18,1851. The declaration contains four counts, the last of which is assumpsit. The pleas are nul tiel record, nil debet, and the statute of limitations. The first concludes with a verification, which is joined by a similiter without any replication. On the second an issue to the country is joined. To the third there is a demurrer and joinder.
If the case may be decided upon the third plea, it will not be necessary to notice the defects in the…
2Cases cited1 opinion
- Thaxter v. WestonMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Colagiovanni v. District Court of Sixth Judicial DistrictSupreme Court of Rhode Island · 1926
- P.H. Chadbourne & Co. v. Inhabitants of BethelSupreme Judicial Court of Maine · 1982
- P.H. Chadbourne & Co. v. Inhabitants of BethelSupreme Judicial Court of Maine · 1982