Trask v. Trask
Supreme Judicial Court of Maine
On EXCEPTIONS. The case and material facts are sufficiently stated in the opinion. The notice, ordered by the court to all persons interested in the estate of the deceased defendant, was served according to the order and proof of service was entered on the docket. The demandant was entitled to recover judgment against the heirs upon such notice " whether they appeared and defended or not; and such judgment is conclusive on them.”
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On EXCEPTIONS. The case and material facts are sufficiently stated in the opinion. The notice, ordered by the court to all persons interested in the estate of the deceased defendant, was served according to the order and proof of service was entered on the docket. The demandant was entitled to recover judgment against the heirs upon such notice " whether they appeared and defended or not; and such judgment is conclusive on them.” E. S., c. 104, §18; Bridgham v. Prince, 33 Maine, 174.
1Opinion of the CourtHaskell, J.
Writ of entry to recover land-and damages for waste. The action was referred, and thereafterwards the tenant died. His administrator was cited to defend, and he appeared. All persons interested in the estate of the tenant were also, by public notice agreeable to an order entered in vacation, cited to appear and defend, but none appeared. The referee heard the parties and reported, that the demandant should have judgment for the land and damages and costs. The court accepted the report, and the defendant has exception.
No person beside the administrator has appeared to defend the suit, and he…
2Cited by3 opinions
- Bourgeois v. SpragueSupreme Judicial Court of Maine · 1976
- Butts v. FitzgeraldSupreme Judicial Court of Maine · 1956
- Macina v. Commissioner of Social SecurityDistrict Court, D. Nevada · 2023