Legal Opinion

Stone v. Locke

Supreme Judicial Court of Maine

Decided July 1, 1861Published

This was a suit in Equity, and was heard upon bill, answer and proofs. The order of Court was that the bill should be dismissed, unless other persons should be made defendant parties. See Stone v. Locke, 46 'Maine, 445. This order was certified to the clerk of the Courts for the county of Hancock, and by him entered upon his docket. At a subsequent term, on motion of the defendant, the Court ordered an entry of “ Bill dismissed.”

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This was a suit in Equity, and was heard upon bill, answer and proofs. The order of Court was that the bill should be dismissed, unless other persons should be made defendant parties. See Stone v. Locke, 46 'Maine, 445. This order was certified to the clerk of the Courts for the county of Hancock, and by him entered upon his docket. At a subsequent term, on motion of the defendant, the Court ordered an entry of “ Bill dismissed.” The action was brought forward upon the docket, and, at the next term, the defendant moved for an order for costs ,* which was allowed by Rige, J., presiding. The…

1Opinion of the Court

The opinion of the Court was drawn up by

Rice, J.

—The principal matter in controversy between the

parties has been heretofore disposed of by the Court. The question of costs only is now presented. By the docket of the county Court, it appears that an order from the law Court was received and entered at the May term, 1860, of the following tenor: — “Bill dismissed, unless amended, upon payment of costs.” At the October term, 1860, the following entry appears: — “Death of Wheeler suggested by defendant. Bill dismissed.” At the April term, 1861, the entry is — “ Costs for defendant.”

To the last…

2Cases cited2 opinions

  1. Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
  2. Conable v. BucklinSupreme Court of Vermont · 1826

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