Legal Opinion

Hersey v. Weeman

Supreme Judicial Court of Maine

Decided May 2, 1921PublishedCited by 2 opinions

On exceptions by plaintiff in error. This is an action by writ of error brought by plaintiff to reverse a judgment rendered against him in the Superior Court in the County of Cumberland at the December term, 1919, alleging that the defendant in the original action, being the plaintiff in error in this action, was defaulted in the original action because he did not appear and-answer in the original action in which said judgment was rendered.

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On exceptions by plaintiff in error. This is an action by writ of error brought by plaintiff to reverse a judgment rendered against him in the Superior Court in the County of Cumberland at the December term, 1919, alleging that the defendant in the original action, being the plaintiff in error in this action, was defaulted in the original action because he did not appear and-answer in the original action in which said judgment was rendered. Certain alleged errors in the proceedings and judgment of the Superior Court were set out in the writ of error, and defendant appeared and demurred…

1Opinion of the CourtMorrill, J.

The plaintiff seeks to reverse a judgment rendered against him in favor of the defendant in error at the December term, 1919, in the Superior Court of Cumberland County, and in his writ specifies two alleged errors. The case is before us upon exceptions to a ruling sustaining a demurrer.

The first specification of error is that the Superior Court had no jurisdiction to render the judgment in question “because the writ in said action and upon which said judgment was based was not served on said Hersey in the manner provided by law and the statutes in such case made and provided, or at all, and…

2Cases cited2 opinions

  1. Hall v. StaplesMassachusetts Supreme Judicial Court · 1896
  2. Skipwith v. HillMassachusetts Supreme Judicial Court · 1806

3Cited by2 opinions

  1. Bubar v. SinclairSupreme Judicial Court of Maine · 1951
  2. Stern v. Fraser Paper, Ltd.Supreme Judicial Court of Maine · 1941

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