Legal Opinion

Baxter v. Moses

Supreme Judicial Court of Maine

Decided August 8, 1885PublishedCited by 11 opinions

On appeal and' exceptions. ' Bill in equity to collect certain bonds issued by the Androscoggin Railroad Company and certain judgments against that company. The presiding justice sustained a demurrer to the bill, and ordered that the bill be dismissed with costs ; to this order and ruling the complainant appealed and alleged exception. [Bill.] " State of Maine. Cumberland, ss.

Read the full summary

On appeal and' exceptions. ' Bill in equity to collect certain bonds issued by the Androscoggin Railroad Company and certain judgments against that company. The presiding justice sustained a demurrer to the bill, and ordered that the bill be dismissed with costs ; to this order and ruling the complainant appealed and alleged exception. [Bill.] " State of Maine. Cumberland, ss. William H. Baxter, of Deering, in the county of Cumberland, aforesaid, complains against: Oliver Moses, Galen C. Moses, John H. Kimball, Charles Russell and James D. Robinson, of Bath, in the county of Sagadahoc, and…

1Opinion of the CourtPeters, C. J.

This is a creditors’ bill to collect certain debts, principally judgments, which are due from the Androscoggin railroad company; and is before us on demurrer.

It is not claimed that the bill is maintainable under part 10, § 6 of ch. 77 of the R. S. That provides a remedy for a single creditor, by an attachment in equity of some specific property, without asking for a discovery under the "bill. Chapman v. Publishers' Co. 128 Mass. 478; Insurance Co. v. Abbott, 127 Mass. 558; Donnell v. Railroad, 73 Maine, 567. This is a materially different bill, but one common to the practice of courts of…

2Cases cited13 opinions

  1. Jones v. GreenSupreme Court of the United States · 1864
  2. Carrol v. GreenSupreme Court of the United States · 1876
  3. Adsit v. . ButlerNew York Court of Appeals · 1882
  4. Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
  5. Taylor v. BowkerSupreme Court of the United States · 1884

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Becker v. BillingsIllinois Supreme Court · 1922
  2. Fletcher v. Bank of LonokeSupreme Court of Arkansas · 1902
  3. Hayes v. Belleair Development Co.Supreme Court of Florida · 1935
  4. Department of Banking v. McMullenNebraska Supreme Court · 1938
  5. Magale v. FombySupreme Court of Arkansas · 1918

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API