Graves v. Smart
Supreme Judicial Court of Maine
ON REPORT. The opinion states the case and material facts. cited: Dane v\. Gilmore, 51 Maine, 544; Gage v. Graffam, 11 Mass. 181 ; Spaulding’s Practice, 70; Bank v. Oook, 4 Pick. 405; E. S., c. 102, § 8; Starbird v. Baton, 42 Maine, 569. When a defendant is absent and bas no actual notice of tbe writ, it is in tbe discretion of tbe presiding judge to enter up judgment on default or continue for judgment. Tbe exercise of this discretion cannot be reversed on error.
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ON REPORT. The opinion states the case and material facts. cited: Dane v\. Gilmore, 51 Maine, 544; Gage v. Graffam, 11 Mass. 181 ; Spaulding’s Practice, 70; Bank v. Oook, 4 Pick. 405; E. S., c. 102, § 8; Starbird v. Baton, 42 Maine, 569. When a defendant is absent and bas no actual notice of tbe writ, it is in tbe discretion of tbe presiding judge to enter up judgment on default or continue for judgment. Tbe exercise of this discretion cannot be reversed on error. Lovell v. Kelley, 48 Maine, 263. Stat. 1872, c. 14, as amended by stat. 1879, c. 82, authorizing any writ or precept in wbicb tbe…
1Opinion of the CourtAppletoN, C. J.
This is a writ of error to reverse a judgment of the superior court of Kennebec county.
Tbe writ in tbe original action was directed to a coroner, tbe plaintiff therein being a deputy sheriff. It was served by tbe sheriff of tbe county, by an attachment of real estate, the plaintiff in error, being an inhabitant of Massachusetts, but no. personal service was made on him. Notice by publication was ordered and given, but there -was no appearance and judgment was rendered on default.
One deputy cannot serve on another except by statutory authorization. Brown v. Gordon, 1 Greenl. 165; Douglass v.…
2Cases cited1 opinion
- Barnes v. Inhabitants of the First Parish in FalmouthMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Doherty v. KalmbachCourt of Appeals for the D.C. Circuit · 1936