Legal Opinion

Inhabitants of Phipsburg v. Dickinson

Supreme Judicial Court of Maine

Decided December 6, 1886PublishedCited by 7 opinions

ON EXCEPTIONS. s The case is stated in the opinion. cited: R. S., c. 82, §71; Porter v. Stanley, 47 Maine, 515. In Porter v. Stanley, 47 Maine, 515, we infer that there was some sort or system of book-keeping, to indicate the transaction of the several years in which defendant was a collector, because they were able to identify the fund from which money was taken to make up a deficiency in the first of those years.

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ON EXCEPTIONS. s The case is stated in the opinion. cited: R. S., c. 82, §71; Porter v. Stanley, 47 Maine, 515. In Porter v. Stanley, 47 Maine, 515, we infer that there was some sort or system of book-keeping, to indicate the transaction of the several years in which defendant was a collector, because they were able to identify the fund from which money was taken to make up a deficiency in the first of those years. They did not cast before the court a mass of " dejecta membra,” as in this case, but Tenney, C. J., says, with regard to taking moneys of that year to balance the amount of…

1Opinion of the CourtLibbey, J.

This is debt on the bond of A. Dickinson as collector of the plaintiff town for 1880. The plea is the general issue with brief statement of performance of the conditions of the bond by Dickinson. The case went to an auditor who heard the parties and made his report to court. At the trial, the auditor’s report was offered in evidence by the plaintiff. It was objected to by the defendants on several grounds, but it was admitted and exception taken. It was properly admitted in evidence. R. S., c. 82, § 71.

Whether, in adjusting the amounts between the parties, the *4591 rules of law applied to the…

2Cited by7 opinions

  1. Life Ass'n of America v. HallSupreme Court of Louisiana · 1881
  2. Anaheim Union Water Co. v. ParkerCalifornia Supreme Court · 1894
  3. Allison v. WatsonSupreme Court of Louisiana · 1884
  4. Succession of Widow Tureaud v. GexSupreme Court of Louisiana · 1869
  5. Ouelette v. PageauSupreme Judicial Court of Maine · 1954

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