Whidden v. Seelye
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. Trover. The writ in this case, returnable at Sept, term of the District Court for Washington County, 1850, described the defendant as belonging to the parish of St. George, in the county of Charlotte, and Province of Now Brunswick. It alleged a conversion at Calais of certain described property of the plaintiff, such as mill logs, lumber, potatoes, mill chain, mill and circular saws, mill bars, mill dogs, &c.
Read the full summary
On Exceptions from Nisi Prius, Rice, J., presiding. Trover. The writ in this case, returnable at Sept, term of the District Court for Washington County, 1850, described the defendant as belonging to the parish of St. George, in the county of Charlotte, and Province of Now Brunswick. It alleged a conversion at Calais of certain described property of the plaintiff, such as mill logs, lumber, potatoes, mill chain, mill and circular saws, mill bars, mill dogs, &c. A plea in abatement at a term of the District Court was filed which was in these words : — “ Rendol Whidden v. Stewart Seelye. And now…
1Opinion of the CourtAppleton, J.
The plea in abatement is fatally defective. It is of facts not apparent of record, and should be verified by affidavit. It does not appear to have been seasonably filed. Nickerson v. Nickerson, 36 Maine, 417. Nor does it appear to be entitled of the term to which the writ was returnable. Nothing is better settled than that advantage may be taken of these defects on general demurrer.
The law of a foreign country is a fact to be proved. Certain deeds and contracts, executed in the Province of New Brunswick, were received in evidence. The rights of the parties to this suit depended upon the…
2Cases cited2 opinions
- Holmes v. BroughtonNew York Supreme Court · 1833
- Gibson v. JenneyMassachusetts Supreme Judicial Court · 1818
3Cited by10 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Little v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- McGonigle v. AtchisonSupreme Court of Kansas · 1885
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
- Brady v. . BradySupreme Court of North Carolina · 1913
5 more not listed; retrieve them via the Exa API.