Otis v. Ellis
Supreme Judicial Court of Maine
On exceptions from superior court. The opinion states the case and material facts. cited: Shaw v. Usher, 41 Maine, 102 ; Fogg v. Fogg, 31 Maine, 302; Snell v. Snell, 40 Maine, 307 ; Shorey v. Hussey, 32 Maine, 579 ; Faitee v. Lowe, 35 Maine, 121. contended that the trial justice before whom the writ was entered had no jurisdiction, and his judgment affirmed in the superior court is null and void.
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On exceptions from superior court. The opinion states the case and material facts. cited: Shaw v. Usher, 41 Maine, 102 ; Fogg v. Fogg, 31 Maine, 302; Snell v. Snell, 40 Maine, 307 ; Shorey v. Hussey, 32 Maine, 579 ; Faitee v. Lowe, 35 Maine, 121. contended that the trial justice before whom the writ was entered had no jurisdiction, and his judgment affirmed in the superior court is null and void. R. S., c. 86, § 5 ; Mansur v. Coffin, 54 Maine, 314; Bigeloiv v. Stearns, 19 Johnson, 39; Penobscot Lt. R. Go. v. Weeks, 52 Maine, 456 ; 2 Saunders, 101; 2 Bac. Abr. 227, 228 ; Fenner v. Well, 45…
1Opinion of the CourtPeters, C. J.
An action was commenced before a magistrate in Kennebec county, in which the names of two persons were inserted as trustees, one residing in Penobscot and the other in Kennebec county. No service was made on the trustee residing in Kennebec county. Upon the face of the papers the process was abatable. Mansur v. Coffin, 54 Maine, 314. An appearance was entered for the defense on the return day and the action continued a week. Upon the adjourned day a motion was made to dismiss the action for want of jurisdiction, upon the ground that a trustee action before a trial justice must be brought in a…
2Cases cited4 opinions
- Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Town of Montpelier v. AndrewsSupreme Court of Vermont · 1844
- Williams v. RootMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- In re Brockway Manufacturing Co.Supreme Judicial Court of Maine · 1895