Badger v. Towle
Supreme Judicial Court of Maine
On the second day of the term, at which this action was entered, (September term, 1856,) the defendant filed a motion to dismiss the same. At a subsequent term, at Nisi Prius, (April term, 1859,) a hearing was had before Goodenow., J., who sustained the motion and ordered the case to be dismissed. The plaintiff excepted.' The material part of the motion is recited in the opinion of the Court.
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On the second day of the term, at which this action was entered, (September term, 1856,) the defendant filed a motion to dismiss the same. At a subsequent term, at Nisi Prius, (April term, 1859,) a hearing was had before Goodenow., J., who sustained the motion and ordered the case to be dismissed. The plaintiff excepted.' The material part of the motion is recited in the opinion of the Court. The questions raised by the exceptions were argued by The plaintiff describes himself in his writ, as “ late of Kittery in the county of York, trader;” and the defendant, as “of Portsmouth in the county…
1Dissent
Goodenow, J.,
dissenting. — The writ should state all the facts which are necessary to show that the Court has jurisdiction.
The common law forms of writs which have come down to us, never fail to state the place of residence of the parties. The statute of 1841, c. 114, § 1, requires that the forms of writs in civil actions shall remain as established in the year 1821. By the statute of 1821, the forms of all writs required the place of the residence of the parti.es to be stated. Every defect which appears on the face of the writ may be taken advantage of by the defendant, on motion; or the…
2Cases cited2 opinions
- Barrell v. BenjaminMassachusetts Supreme Judicial Court · 1819
- Walton v. McNeilU.S. Circuit Court for the District of Massachusetts · 1794