Donnell v. Gatchell
Supreme Judicial Court of Maine
Facts Agreed. Assumpsit. The writ was dated March 30, 1853, and brought upon a note dated Nov. 14, 1846. The general issue was pleaded, and a brief statement filed, that the defendant relied upon the limitation bar. The plaintiffs brought a suit on the same note on Nov. 12, 1852, returnable at the January term, in Lincoln county, in 1853, wherein James Smith of Brunswick, in the county of Cumberland was summoned as trustee.
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Facts Agreed. Assumpsit. The writ was dated March 30, 1853, and brought upon a note dated Nov. 14, 1846. The general issue was pleaded, and a brief statement filed, that the defendant relied upon the limitation bar. The plaintiffs brought a suit on the same note on Nov. 12, 1852, returnable at the January term, in Lincoln county, in 1853, wherein James Smith of Brunswick, in the county of Cumberland was summoned as trustee. That writ was abated on motion of defendant, because no trustee, residing in the county where it was pending, was summoned. The case was submitted to the decision of the…
1Opinion of the CourtShepley, C. J.
— The question presented is, whether this suit is within the exceptions to the operation of the statute of limitations, c. 146, § 12, permitting suits, commenced within six months after an abatement or defect of a former suit for the same cause of action, to be maintained.
It is alleged in argument, that it was the intention to permit a new suit to be maintained, whenever the first suit had been abated for any cause, or defeated for matter of form.
Writs may be abated on trial of issues of fact, and for causes which would prevent the maintenance of any suit for the same cause of action, between…
2Cited by7 opinions
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- Fay v. CostaCalifornia Court of Appeal · 1905
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