Mansfield v. Ward
Supreme Judicial Court of Maine
This was a special action on the case against the defendant, for having knowingly and wilfully made a false answer when summoned as trustee at the suit of the plaintiff, brought on the stat. 1821, c. 61, see. 12, which provides, “ that any person summoned as a trustee, who shall ou examination, &sc. knowingly and wilfully answer falsely, &c. shall out of his own proper estate be liable and subject to pay to the plaintiff in the action, his executors or administrators, the…
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This was a special action on the case against the defendant, for having knowingly and wilfully made a false answer when summoned as trustee at the suit of the plaintiff, brought on the stat. 1821, c. 61, see. 12, which provides, “ that any person summoned as a trustee, who shall ou examination, &sc. knowingly and wilfully answer falsely, &c. shall out of his own proper estate be liable and subject to pay to the plaintiff in the action, his executors or administrators, the full amount of such judgment, as be, they, or any of them, may have recovered against the principal, in case the same be…
1Opinion of the Court
The opinion of the Court was by
Sheplev J.
The twelfth section of the act of 1821, c. 61, provides, that any person summoned as trustee, who shall upon his examination, knowingly and wilfully answer falsely, shall be adjudged guilty of perjury; and shall also bo liable to pay to the plaintiff in the action, his executors or administrators, the full amount of such judgment or such part of it as may remain due, with interest and double costs. And the question is, whether an action brought upon it is within the fourteenth section of the stat. c. 62, requiring that actions upon any penal statute…
2Cases cited1 opinion
- Sturm v. PotterIndiana Superior Court · 1872
3Cited by6 opinions
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- Dabney v. ManionAppellate Court of Illinois · 1910
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