Legal Opinion

Frank v. Mallett

Supreme Judicial Court of Maine

Decided August 31, 1898PublishedCited by 6 opinions

Petition by Defendant to Establish Exceptions. This was a petition by the defendant and presented to this court sitting as a court of law praying to have exceptions, alleged by him at the trial' in the court below, established by this court sitting as a law court and as provided by the statute of 1898, c. 174, as follows: “Section fifty-one of chapter seventy-seven of the revised statutes is hereby amended by adding thereto the following words: “If the justice disallows or…

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Petition by Defendant to Establish Exceptions. This was a petition by the defendant and presented to this court sitting as a court of law praying to have exceptions, alleged by him at the trial' in the court below, established by this court sitting as a law court and as provided by the statute of 1898, c. 174, as follows: “Section fifty-one of chapter seventy-seven of the revised statutes is hereby amended by adding thereto the following words: “If the justice disallows or fails to sign and return the exceptions, or alters any statement therein, and either party is aggrieved, the truth of the…

1Opinion of the CourtWhitehouse, J.

This cause was heard by the presiding justice without the aid of a jury and a decision rendered in favor of the plaintiffs. The defendant’s counsel alleged exceptions .to the rulings of the presiding justice in excluding certain testimony offered at the hearing and also excepted “to the judgment of the court in the case.” These exceptions were presented to the presiding justice and disallowed by him. The case comes to this court on the defendant’s petition to have the truth of her exceptions *79established before the law court in accordance with the provisions of section one of chapter 174 of…

2Cited by6 opinions

  1. Waterville Realty Corp. v. City of EastportSupreme Judicial Court of Maine · 1939
  2. Graffam v. Casco Bank & Trust Co.Supreme Judicial Court of Maine · 1940
  3. Clapperton v. United States Fidelity & Guaranty Co.Supreme Judicial Court of Maine · 1952
  4. Lewis v. MarstersSupreme Judicial Court of Maine · 1942
  5. Consumers Fuel Co. v. PARAMENTERSupreme Judicial Court of Maine · 1955

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