Merrill v. President of Suffolk Bank
Supreme Judicial Court of Maine
Error, to reverse a judgment of this court, rendered at the July term, 1841, in favor of the President, Directors and Company of the Suffolk Bank, against the President, Directors and Company of the Frankfort Bank. -Plea, in nullo est erratum. The writ, in the original action, was sued out and the said judgment was recovered thereon, after the charter of the Frankfort Bank had been revoked by act of the Legislature.
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Error, to reverse a judgment of this court, rendered at the July term, 1841, in favor of the President, Directors and Company of the Suffolk Bank, against the President, Directors and Company of the Frankfort Bank. -Plea, in nullo est erratum. The writ, in the original action, was sued out and the said judgment was recovered thereon, after the charter of the Frankfort Bank had been revoked by act of the Legislature. The plaintiff was a stockholder in the Frankfort Bank, and his estate had been levied upon and taken to satisfy said judgment. 1. The plaintiff cannot maintain this process,…
1Opinion of the CourtShepley, C. J.
This isa writ of error brought by the plaintiff to reverse a judgment recovered by the Suffolk Bank against the Frankfort Bank. The writ alleges, that the plaintiff is a stockholder of the Frankfort Bank and that an execution issued on that judgment has been levied upon his estate.
The error assigned is, that the writ was sued out and the judgment rendered after the charter of the bank had been revoked by an act of the Legislature, and that there was no such corporation in existence as the Frankfort Bank at the time, when the judgment was recovered.
The plea in nullo est erratum operates as a…
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