Buckley v. Page
U.S. Circuit Court for the District of Maine
At law. This was an action of debt [by John Buckley, Jr., against llufus K. Page and others] on a poor debtor’s bond, dated the 26th of November, 1859. A verdict for the plaintiff was taken at the preceding term, subject to the opinion of the court upon the questions of law raised at the trial, but reserving the right to either party, after the opinion, to turn the case into a bill of exceptions.
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At law. This was an action of debt [by John Buckley, Jr., against llufus K. Page and others] on a poor debtor’s bond, dated the 26th of November, 1859. A verdict for the plaintiff was taken at the preceding term, subject to the opinion of the court upon the questions of law raised at the trial, but reserving the right to either party, after the opinion, to turn the case into a bill of exceptions. The writ was dated the 20th of July, 1858, and defendants appeared and pleaded performance. The plaintiff introduced the bond on which the suit was brought. The condition of the bond was, that, if…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Two principal objections were taken by the plaintiff to the proceedings before the justices. He insists, in the first place, that the justices were not regularly chosen, and consequently that they had no jurisdiction of the subject-matter, as shown by the certificates of discharge. Any two disinterested justices of the peace and of the quorum of the county were authorized by the tenth section of that act to examine the notification and return at the time and place of caption, and, if regular and in due form, “may hear, and, if requested, take in writing the…
2Cases cited12 opinions
- Agry v. BettsSupreme Judicial Court of Maine · 1835
- Granite Bank v. TreatSupreme Judicial Court of Maine · 1841
- Pike v. HerrimanSupreme Judicial Court of Maine · 1854
- Baker v. HolmesSupreme Judicial Court of Maine · 1847
- Carey v. OsgoodSupreme Judicial Court of Maine · 1841
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