Legal Opinion

Webb v. Goddard

Supreme Judicial Court of Maine

Decided July 1, 1859PublishedCited by 5 opinions

Exceptions from the ruling of Hathaway, J. This was an action of Assumpsit, on an account against the defendants as partners, and was entered at the term of the Court for the county of Piscataquis held in Sept., 1856. The writ describes the plaintiff as of Ottaway in Canada, the defendant Goddard as of Portland, in the county of Cumberland, and the defendant Russell as of Houlton, in the county of Aroostook in this State. • At the February term, 1851, defendant Russell was…

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Exceptions from the ruling of Hathaway, J. This was an action of Assumpsit, on an account against the defendants as partners, and was entered at the term of the Court for the county of Piscataquis held in Sept., 1856. The writ describes the plaintiff as of Ottaway in Canada, the defendant Goddard as of Portland, in the county of Cumberland, and the defendant Russell as of Houlton, in the county of Aroostook in this State. • At the February term, 1851, defendant Russell was defaulted, and defendant Goddard moved the Court to abate the writ and dismiss the action, on the ground that it was not…

1Opinion of the Court

The opinion of the Court'was drawn up by

Tenney, C. J.

Neither of the parties to this suit had his residence in the county of Piscataquis, and the plaintiff resided out of the State, as appears by the writ, which was returnable therein. The action was entered at the September term, 1856, and at a subsequent term, the defendant Russell was defaulted, and Goddard, the other defendant, moved that the writ abate and the action be dismissed, on the ground that it was brought in the wrong county. The motion was overruled, and the action continued from term to term, till September term, 1858, when…

2Cases cited2 opinions

  1. Cleveland v. WelshMassachusetts Supreme Judicial Court · 1808
  2. Robinson v. MeadMassachusetts Supreme Judicial Court · 1811

3Cited by5 opinions

  1. Magee v. Pennsylvania Schuylkill Valley RailroadSuperior Court of Pennsylvania · 1900
  2. Burtchell v. WilleySupreme Judicial Court of Maine · 1952
  3. Kaui v. County of KauaiHawaii Supreme Court · 1963
  4. Howard v. City of SacoSupreme Judicial Court of Maine · 1959
  5. Kaui v. County of KauaiHawaii Supreme Court · 1963

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