Dunbar v. Dunbar
Supreme Judicial Court of Maine
On report. Assumpsit for money hud and received. cited : Hendrickson v. People, 61 Am. Dec. 721; O'Dee v. McOrate, 7 Maine, 471; Hatch v. Atkinson, 56 Maine, 327 ; Dole v. Lincoln, 31 Maine, 422; Robinson v. Ring, 72 Maine, 141; Northrop v. Hale, 73 Maine, 66. This power of the judge of probate is clearly an extension of his jurisdiction and gives no remedy, simply furnishing a discovery, something by means of which the plaintiff can procure evidence and not evidence itself.…
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On report. Assumpsit for money hud and received. cited : Hendrickson v. People, 61 Am. Dec. 721; O'Dee v. McOrate, 7 Maine, 471; Hatch v. Atkinson, 56 Maine, 327 ; Dole v. Lincoln, 31 Maine, 422; Robinson v. Ring, 72 Maine, 141; Northrop v. Hale, 73 Maine, 66. This power of the judge of probate is clearly an extension of his jurisdiction and gives no remedy, simply furnishing a discovery, something by means of which the plaintiff can procure evidence and not evidence itself. 4 Mass. 318 ; 7 Maine, 470 ; 7 Pick. 14. The balance was a valid gift. The essentials of a valid gift are intention,…
1Opinion of the CourtDanforth, J.
The defendant was summoned before' the judge of probate for the county of Hancock, on complaint of the plaintiff as administrator, to disclose any property in his possession belonging to the estate represented by the plaintiff, under the provisions of R. S., c. 64, § 67. The statement then *153made is now offered as evidence in support of this action, which is a suit upon an implied contract to recover the money so disclosed. It is objected to, as inadmissible for such purpose.
The sole object of the statute is, to obtain facts, known only to the party summoned, to lay the foundation for ulterior…
2Cited by6 opinions
- McDonough v. Portland Savings BankSupreme Judicial Court of Maine · 1938
- Renee v. Sanders, Exr.Ohio Court of Appeals · 1956
- Steffen v. DavisSouth Dakota Supreme Court · 1927
- Van Fleet v. McCarnNew York Supreme Court · 1888
- Kirk v. McCuskerNew York Court of Common Pleas · 1893
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