Mayberry v. Morse
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Howard, J., presiding. Report oe Referees. Two of these cases, viz. William Mayberry v. Benjamin Morse, and Stephen P. Mayberry v. Benj. Morse & al., were referred under a rule of Court to the same referees. The other case of William Mayberry v. Benjamin Morse, was a submission entered into before a justice of the peace and before the same referees.
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ON Exceptions from Nisi Prius, Howard, J., presiding. Report oe Referees. Two of these cases, viz. William Mayberry v. Benjamin Morse, and Stephen P. Mayberry v. Benj. Morse & al., were referred under a rule of Court to the same referees. The other case of William Mayberry v. Benjamin Morse, was a submission entered into before a justice of the peace and before the same referees. When the reports were presented for acceptance, the defendant, Morse, moved for a recommitment of the first two reports, and that the third be continued to await their result, upon certain evidence by him introduced…
1Opinion of the Court
The opinion of the Court was drawn up by
AppleioN,- J.
— It was held in Codman v. Strout, 22 Maine, 292, not to be competent to blend two suits, where the parties are different, in one bill of exceptions, and thus bring them before the Court for detérmination. Each party aggrieved by any adjudication should file his several exceptions, and thus obtain the redress of his several grievances. The exceptions therefore must be regarded as having been improperly allowed.
As the questions here presented are of importance in practice, and may occasionally occur, it has been deemed expedient Jmefly to…
2Cited by1 opinion
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