Fernald v. Garvin
Supreme Judicial Court of Maine
On Exceptions. The writ contained a count upon an account annexed for $20, without any' account; a count for same sum for money had and received; and a count in case, under R. S., c. 22, § 4, for double the value of a line fence built by the plaintiff, and the fees of the fence viewers, and it was returnable before a trial justice for this county. At the trial before the justice, the plaintiff recovered judgment, and the defendant appealed.
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On Exceptions. The writ contained a count upon an account annexed for $20, without any' account; a count for same sum for money had and received; and a count in case, under R. S., c. 22, § 4, for double the value of a line fence built by the plaintiff, and the fees of the fence viewers, and it was returnable before a trial justice for this county. At the trial before the justice, the plaintiff recovered judgment, and the defendant appealed. After the action had been more than one term in this Court, the defendant moved its dismissal, because the writ contained two counts of indebitatus…
1Opinion of the CourtAppleton, C. J.
The writ in this case was returnable before a trial justice of York county. It contained two counts in assumpsit and one in case, under R. S., 1857, c. 22, § 4, for double the value of building the fence and the fees of the fence viewers, as ascertained in accordance with the provisions of the Act. At the return day, the defendant pleaded the general issue to the first two counts, and to the last filed what was apparently intended for a demurrer. A trial was had and judgment was rendered in favor of the plaintiff from which an appeal was taken.
After the action had been more than one term in…
2Cases cited3 opinions
- Prescott v. TuftsMassachusetts Supreme Judicial Court · 1808
- Fritz v. FritzIndiana Supreme Court · 1864
- Smith v. MerwinNew York Supreme Court · 1836