Legal Opinion

Lewis v. Webb

Supreme Judicial Court of Maine

Decided May 15, 1825PublishedCited by 28 opinions

At the last May term, on opening this case, which was an appeal from a decree of the Judge of Probate, granted by virtue of a resolve of the legislature, it appeared that the appellants were sureties of Joshua Webb on his bond, as administrator on the estate of his father, Jonathan Webb, deceased ; — that the administrator had become insolvent; — that after his insolvency, viz.

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At the last May term, on opening this case, which was an appeal from a decree of the Judge of Probate, granted by virtue of a resolve of the legislature, it appeared that the appellants were sureties of Joshua Webb on his bond, as administrator on the estate of his father, Jonathan Webb, deceased ; — that the administrator had become insolvent; — that after his insolvency, viz. Sprite9, 1819, he was induced to settle an account at the Probate office by a decree of the Judge, charging himself with about nine thousand dollars, for mill rents growing due and received since the decease of the…

1Opinion of the Court

Mellen, C< J.

at the Jlugust term this year in Oxford, delivered the opinion of the Court as follows.

This cause assumes an importance from the very nature of the question before the Court; because it has immediate respect to the boundary lines of those powers which are given by the constitution of this State to the legislative and judicial departments. These lines are not drawn in the constitution with distinctness, but by the use of certain general expressions, which will be presently considered. It sterns at the present day to be an established principle in our country, as well as in many…

2Cases cited3 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Holden v. JamesMassachusetts Supreme Judicial Court · 1814
  3. Merrill v. SherburneSuperior Court of New Hampshire · 1818

3Cited by28 opinions

  1. Nadeau v. StateSupreme Judicial Court of Maine · 1978
  2. Evans v. StateSupreme Court of Delaware · 2005
  3. Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
  4. State ex rel. Davies v. WhiteNevada Supreme Court · 1913
  5. State v. DugganSupreme Court of Rhode Island · 1886

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