Potter v. Titcomb
Supreme Judicial Court of Maine
This was a scire facias in the name of the Judge of Probate, commenced by Moses Titcomb, administrator on the estate of Elizabeth Titcomb. The original action on which judgment was rendered in the suit on the bond, was commenced prior to the enactment of the statute abolishing special pleading.
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This was a scire facias in the name of the Judge of Probate, commenced by Moses Titcomb, administrator on the estate of Elizabeth Titcomb. The original action on which judgment was rendered in the suit on the bond, was commenced prior to the enactment of the statute abolishing special pleading. The defendant offered several pleas in bar of said scire facias, but the counsel of the plaintiff declined to receive them, insisting that the defendant was bound to plead the general issue, and was not entitled to any other plea. The question was submitted to Parris J., then holding the Court, to…
1Opinion of the Court
The action was continued for advisement, and the opinion of the Court afterwards drawn up by
Weston C. J.
The will of the legislature, within the range of its constitutional powers, when expressed so as to be understood, is to be respected and obeyed. By the act to abolish special pleading, statute of 1831, c. 514, it is provided that in all civil actions, the general issue shall be pleaded by the defendant, and joined by the plaintiff. This has been enforced in all cases where an action is to be tried upon its merits ; but has not been extended to pleas in abatement, which are preliminary in…
2Cited by1 opinion
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