Legal Opinion

Robbins v. Bacon

Supreme Judicial Court of Maine

Decided May 15, 1825PublishedCited by 8 opinions

This was a writ of error coram vobis, to the Court of Common Pleas, in which the question'was upon the validity of the assignment of a book debt. It appeared from the record sent up, that a book debt, amounting to nineteen dollars and thirty four cents, being due from the defendant to the plaintiff, the latter drew out a bill of the particular items, at the bottom of which he wrote the assignment in question, in the following terms ; — “Capt.

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This was a writ of error coram vobis, to the Court of Common Pleas, in which the question'was upon the validity of the assignment of a book debt. It appeared from the record sent up, that a book debt, amounting to nineteen dollars and thirty four cents, being due from the defendant to the plaintiff, the latter drew out a bill of the particular items, at the bottom of which he wrote the assignment in question, in the following terms ; — “Capt. Samuel Bacon — Sir, “ For value received please to pay Win. R. & C. Stockbridge, 11 nineteen dollars and thirty-four cents, and the same shall discharge…

1Opinion of the Court

Mellek C. J.

delivered the opinion of the Court, at the ensuing August term in Oxford, as follows.

In this case the only question presented by the. exceptions, which are a part of the record, is whether the instructions given by the presiding Judge of .the Court of Common Pleas were correct and legal ? If not, the judgment must be reversed and a trial had in this Court; when all the facts in support and defence of the original action may be re-examined and decided upon, according to their merits by the Court and jury. On this writ of error we can only notice the objections raised on the…

2Cases cited1 opinion

  1. Mandeville v. WelchSupreme Court of the United States · 1820

3Cited by8 opinions

  1. Dwyer v. StateSupreme Judicial Court of Maine · 1956
  2. Graham v. Southern Railway Co.Supreme Court of Georgia · 1931
  3. Morris v. LeachOregon Supreme Court · 1917
  4. McWilliams v. Webb & SonSupreme Court of Iowa · 1871
  5. Graham v. BlinnWyoming Supreme Court · 1892

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