Legal Opinion

Richardson v. Kimball

Supreme Judicial Court of Maine

Decided May 15, 1848PublishedCited by 9 opinions

These two actions, the one trover for one half of schooner Emeline,. and one quarter of schooner Tremont; and the other assumpsit for the earnings of the same vessels between the time of the defendant’s attachment on the writ, and the sale on execution. These actions appear to have been tried • in Septembéf, T843. At that term an agreement was made by the parties of which a copy follows : — “ Supreme Judicial Court, Somerset Co. Sept.

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These two actions, the one trover for one half of schooner Emeline,. and one quarter of schooner Tremont; and the other assumpsit for the earnings of the same vessels between the time of the defendant’s attachment on the writ, and the sale on execution. These actions appear to have been tried • in Septembéf, T843. At that term an agreement was made by the parties of which a copy follows : — “ Supreme Judicial Court, Somerset Co. Sept. Term, 1843. “ Thomas Richardson v. Iddo Kimball. “ In this case a nonsuit was entered by consent, which is to be confirmed or set aside, and such judgment…

1Opinion of the Court

Shepley C. J.

—The first of these cases is an action of trover, brought to recover the value of one half of the schooner Emeline and of one quarter of the schooner Tremont. At the term or'this Court holden in this county in the month of September, 1843, a nonsuit was entered by consent. At the same time the counsel made and signed a written agreement, that the nonsuit might be confirmed, or set aside and such *469judgment rendered, as the Court might order upon certain evidence named, “ and such other evidence is to be introduced, as either party may choose to take in depositions, giving legal…

2Cases cited2 opinions

  1. Coburn v. PickeringSuperior Court of New Hampshire · 1826
  2. Blake v. ShawMassachusetts Supreme Judicial Court · 1811

3Cited by9 opinions

  1. Fuller v. SheddIllinois Supreme Court · 1896
  2. Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York · 1887
  3. Saxlehner v. EisnerU.S. Circuit Court for the District of Southern New York · 1905
  4. Batsford v. EveryNew York Supreme Court · 1865
  5. Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860

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