Butterfield v. Briggs
Supreme Judicial Court of Maine
On Exceptions by Defendant. This was a writ of error to set aside a judgment recovered in the Bangor Municipal Court, against the plaintiff in error on default as trustee.
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On Exceptions by Defendant. This was a writ of error to set aside a judgment recovered in the Bangor Municipal Court, against the plaintiff in error on default as trustee. The grounds upon which the suit was sought to be maintained are substantially as follows:— In the action aforesaid the plaintiff in error, then a minor under the age of twenty-one years, was adjudged trustee on default in the sum of $15.00 debt or damage and costs of suit taxed to the amount of $6.38. On August 14th, 1897, the defendant in error brought an action against one Rachel Tucker of Springfield, in the County of…
1Opinion of the CourtEmery, J.
We think the issuance of this writ of error was premature. Such a writ is available only after final judgment when the only remaining step is execution. Stephen on Pleading, (Tyler’s Ed.,) 142; Tidd’s Practice, 1064; Wallace v. Middlebrook, 28 Conn. 464.
No final judgment for or against the plaintiff in error appears to have been rendered. In the proceedings described she was not summoned to answer to any claim of that plaintiff against her. Her default through non-appearance did not confess any such claim nor subject her to judgment therefor. The plaintiff in that suit obtained no judgment…
2Cases cited1 opinion
- Wallace v. MiddlebrookSupreme Court of Connecticut · 1859
3Cited by1 opinion
- Andreau v. WellmanSupreme Judicial Court of Maine · 1946