Pratt v. Roberts
Supreme Judicial Court of Maine
On Exceptions to the rulings of Cutting, J., This action was returnable April 1, 1865, before a trial justice in and for the county of Penobscot. The action was duly continued to Saturday, May 6, 1865, at 9 o’clock A. M., when the justice, on motion of defendant’s counsel, entered a nonsuit, the plaintiffs not appearing except by counsel.
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On Exceptions to the rulings of Cutting, J., This action was returnable April 1, 1865, before a trial justice in and for the county of Penobscot. The action was duly continued to Saturday, May 6, 1865, at 9 o’clock A. M., when the justice, on motion of defendant’s counsel, entered a nonsuit, the plaintiffs not appearing except by counsel. On the following Monday, the justice, on motion of the plaintiffs, struck off the nonsuit, upon terms, and continued the action to May 27, 1865, at 10 o’clock A. M., for trial, of which the defendant was notified by the justice. On the 27th day of May, the…
1Opinion of the CourtAppleton, C. J.
The writ in this case was returnable on the first day of April, 1865, at which time the plaintiffs, and defendant respectively appeared by-their counsel, and the cause was then continued to May 6th, 1865. At the day of adjournment, the parties were again present by their counsel and a nonsuit was entered. On the Monday following, the magistrate before whom the case was triable, claiming the right to revive the action, attempted so to do.
A justice of the peace has no right, except by the provisions of some statute conferring the authority, to set aside a nonsuit or default on a day subsequent…
2Cited by2 opinions
- State v. HattonSuperior Court of Delaware · 1955
- Hamill v. ChamplinSupreme Court of Rhode Island · 1878