Inhabitants of Bridgton v. Bennett
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Goodenow J. presiding. This was a complaint under Rev. Stat. c. 32, for the purpose of compelling Hugh Bennett to support his father, an alleged pauper of Bridgton. The counsel for the respondent called for the exhibition of the authority of the counsel to appear for the town, and contended that the complaint was improperly brought .without authority of the town, and ought to be dismissed.
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Exceptions from the Western District Court, Goodenow J. presiding. This was a complaint under Rev. Stat. c. 32, for the purpose of compelling Hugh Bennett to support his father, an alleged pauper of Bridgton. The counsel for the respondent called for the exhibition of the authority of the counsel to appear for the town, and contended that the complaint was improperly brought .without authority of the town, and ought to be dismissed. On May 13, 1842, Rufus Gibbs of Bridgton entered into a contract with the overseers of Bridgton ££ to take charge of and support all the persons of whatever age,…
1Dissent
A dissenting opinion was delivered by
W hitman C. J.
The first question to be considered is, will exceptions lie in a case of this kind. If not, we cannot be at liberty to contravene the rules of law by entertaining them. Exceptions, in reference to matters not appearing of record, were first introduced by the statute of Westminster 2. (13 Ed. 1, ch. 31.) This statute authorized the taking of exceptions in all actions, whether real, personal or mixed, 2 Inst. *429427; and to all pleas dilatory, peremptory, prayers to be received, oyer of record# and deeds, challenge of jurors, and any material…
2Cases cited1 opinion
- Melvin v. BridgeMassachusetts Supreme Judicial Court · 1807