Ellis v. Inhabitants of Madison
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, March Term, 1836, Smith J. presiding. The action was assumpsit for the support of a pauper, which the defendants were bound to relieve, and was entered at the then last June Term of said Court, when the following entry was made under the action in the docket. “ 20 dollars brought into Court under the common rule.” The action was continued, and at the next term, the following entry was made.
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Exceptions from the Court of Common Pleas, March Term, 1836, Smith J. presiding. The action was assumpsit for the support of a pauper, which the defendants were bound to relieve, and was entered at the then last June Term of said Court, when the following entry was made under the action in the docket. “ 20 dollars brought into Court under the common rule.” The action was continued, and at the next term, the following entry was made. “ 25 dollars brought into Court under the common rule.” But no motion was made in writing, and there was no evidence of the offer of the money, other than as…
1Opinion of the Court
The opinion of the Court, after a continuance nisi, was drawn up by
Weston C. J.
‘The common rule of the Common Pleas, in regard to the payment of money into court, is precisely like the thirty-second rule of this court, which is to be found in 1 Greenl. 421.
It is contended by the counsel for the plaintiff, that the money brought into court in this action, was not upon leave granted; but the entry in the docket implies that leave was first obtained; otherwise it could not have been paid under the common rule. The entry sufficiently apprizes the counsel for the plaintiff of what was done, if he…
2Cited by2 opinions
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