Merrill v. Curtis
Supreme Judicial Court of Maine
On exceptions. Assumpsit on an account annexed, for three hundred dollars,’ and in “ another sum of five hundred dollars, for so much money had and received.” The writ was made in Aroostook county, on an Aroostook county court blank, returnable to the October term of this court, in this county. The plaintiff is a citizen of Portland, and the defendant of Boston.
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On exceptions. Assumpsit on an account annexed, for three hundred dollars,’ and in “ another sum of five hundred dollars, for so much money had and received.” The writ was made in Aroostook county, on an Aroostook county court blank, returnable to the October term of this court, in this county. The plaintiff is a citizen of Portland, and the defendant of Boston. On the back of the writ was a certificate, made in accordance with R. S. c. 113, § 2, and the officer, a deputy-sheriff for the county of Aroostook, made service on the defendant, by arresting him in Aroostook county, whereupon the…
1Opinion of the CourtWalton, J.
By § 5, c. 151, of the Pub. Laws of 1868, the superior court has, within the county of Cumberland, exclusive jurisdiction of all actions of assumpsit not exclusively cognizable by municipal courts and trial justices, wherein the “ damages demanded do not exceed five hundred dollars; ” and by § 18, the jurisdic- ■ tion of the supreme judicial court is limited accordingly.
The ad damnum in the writ in the action at bar was fixed at five hundred dollars; and it is contended that the “ damages demanded do not exceed ” the statute limit within which the' superior court has “ exclusive…
2Cited by5 opinions
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