Starbird v. Brown
Supreme Judicial Court of Maine
On exceptions. This was an action of trespass entered in the Lewiston Municipal Court. The writ was sued out and served on the twenty-sixth day of June, 1891, and made returnable to the September term of that eoui’t. The defendant duly filed a motion to dismiss the writ because it was made returnable to a term of said court more than sixty days from the day of the suing out of said writ and the date thereof.
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On exceptions. This was an action of trespass entered in the Lewiston Municipal Court. The writ was sued out and served on the twenty-sixth day of June, 1891, and made returnable to the September term of that eoui’t. The defendant duly filed a motion to dismiss the writ because it was made returnable to a term of said court more than sixty days from the day of the suing out of said writ and the date thereof. The presiding judge sustained the motion to dismiss, as a matter of law, and the plaintiff excepted to the decision. The bill of exceptions was eeilified to the Chief Justice for the…
1Opinion of the CourtPeters, C. J.
The Municipal Court for the city of Lewis-ton was created by special act in 1871. See ch. 636, Special *240Laws of that year. Section four of the act provides that a term of the court shall be held on the first Tuesday of each month, and all writs be made returnable to one of the two terms to be begun or held next after the commencement of the action. By ch. 177 of Private and Special Laws of 1872, the original act was amended by excepting the month of August from the list of terms of court.
In 1876 an act was passed (ch. 138, Public Laws 1876,) incorporated in the revised statutes of 1883 (E. S.,…
2Cited by9 opinions
- Lewiston Firefighters Ass'n, Local 785 v. City of LewistonSupreme Judicial Court of Maine · 1976
- State v. LondonSupreme Judicial Court of Maine · 1960
- Farris ex rel. Dorsky v. GossSupreme Judicial Court of Maine · 1948
- State v. BryceSupreme Judicial Court of Maine · 1968
- Blaney v. RittallSupreme Judicial Court of Maine · 1973
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