Merrill v. Merrill
Supreme Judicial Court of Maine
On exceptions. Assumpsit for money had and received. The writ was dated October 10, 1871, and returnable to the January term, 1872. At the April term, 1873, the case was submitted to the presiding justice, (Yirgin) with the right to except. The plea was the general issue, with a brief statement of the statute of limitations. When the cause came up for trial, the plaintiff moved for leave to amend the writ by adding a count declaring on a promissory note.
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On exceptions. Assumpsit for money had and received. The writ was dated October 10, 1871, and returnable to the January term, 1872. At the April term, 1873, the case was submitted to the presiding justice, (Yirgin) with the right to except. The plea was the general issue, with a brief statement of the statute of limitations. When the cause came up for trial, the plaintiff moved for leave to amend the writ by adding a count declaring on a promissory note. The presiding justice declined to allow the amendment, and the plaintiff excepted. From the testimony introduced by the parties, the…
1Opinion of the CourtVirgin, J.
By R. S., c. 77, § 19, it is made the duty of the justice presiding at terms holden for jury trials “to decide any cause without the aid of the jury, when the parties enter upon the docket an agreement authorizing it.”
This section is | 12, c. 246, of Public Laws of 1852, condensed, but without any change of the law. The object of the provision was to enable the parties to obtain the judgment of the judge upon the facts in addition to his rulings of the law. Min. and Sch. Fund v. Reed, 39 Maine, 41. His decision of the facts thus obtained is not simply and in all respects a substitute for a…
2Cases cited1 opinion
- Robinson v. TrofitterMassachusetts Supreme Judicial Court · 1870