Ames v. Weston
Supreme Judicial Court of Maine
ExceptioNs from the Court of Common Pleas, Periiam J. presiding. The plaintiff’s writ ivas dated November 25, 1836, served the same day, and entered at the term of the Court of Common Pleas holden on the first Tuesday of January, 1837. As the writ then was it read thus. “ Before our Justices of our Court of Common Pleas next to be holden at Bangor, within and for our said county of Penobscot, on the ———- Tuesday of-next; then and there,” &c.
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ExceptioNs from the Court of Common Pleas, Periiam J. presiding. The plaintiff’s writ ivas dated November 25, 1836, served the same day, and entered at the term of the Court of Common Pleas holden on the first Tuesday of January, 1837. As the writ then was it read thus. “ Before our Justices of our Court of Common Pleas next to be holden at Bangor, within and for our said county of Penobscot, on the ———- Tuesday of-next; then and there,” &c. Counsel appeared for the defendants at the first and second terms, and the action was continued generally, and at the third term the defendants moved to…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
’The writ in question, as it stood before it was amended, was dated the twenty-fifth day of November, 1836, and was made returnable to the Court of Common Pleas, next to be holden at Bangor, within and for the county of Penobscot. As that court was, by a general law of the State, to be holden on the first Tuesday of January, the return day must have been understood by the officer who served the writ, arid by the defendants. This is sufficiently indicated by the appearance of the latter, and the regular return of the writ.
In most of the…
2Cases cited3 opinions
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- Wood v. HillSuperior Court of New Hampshire · 1830
- Dearborn v. TwistSuperior Court of New Hampshire · 1832