Leathers v. Greenacre
Supreme Judicial Court of Maine
On FACTS - AGREED. The facts appear in the opinion. submitted an elaborate brief; but owing to the view taken by the Court, a report of but one point becomes necessary. Prior to writing the letter, Leathers had been in no " actual military service,” nor was he in any until the following January, a period of ten months afterwards, and then only in some unimportant raiding. The English statutes/29 Car. 2, c. 3, and 1 Viet., c. 26; § 11, are exactly like ours.
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On FACTS - AGREED. The facts appear in the opinion. submitted an elaborate brief; but owing to the view taken by the Court, a report of but one point becomes necessary. Prior to writing the letter, Leathers had been in no " actual military service,” nor was he in any until the following January, a period of ten months afterwards, and then only in some unimportant raiding. The English statutes/29 Car. 2, c. 3, and 1 Viet., c. 26; § 11, are exactly like ours. Under this, the English courts have invariably held that, to entitle a soldier to claim the benefit of its provisions, he must be, at the…
1Opinion of the CourtBarrows, J.
The plaintiff, widow of John B Leathers formerly of St. Albans in this county, having.been duly appointed administratrix upon her late husband’s estate, brings this action of trover against his brother-in-law under the following circumstances : —John B. Leathers enlisted in the First Maine Cavalry Regimeiut and was mustered into the service of the United States in August, 1862, and continued in the service until his death, which took place at Richmond, where he was held a prisoner by the rebels, Mai’ch 16, 1864. A few days after his enlistment, and before he left this State, he entrusted to…
2Cited by7 opinions
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- In re the Estate of SheridanEssex County Surrogate's Court · 1943
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