Parsons v. Copeland
Supreme Judicial Court of Maine
On Report, Hathaway, J., presiding. Petition nor Partition. This case was before the Court, (33 Maine, 311,) when partition was ordered and commissioners appointed.
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On Report, Hathaway, J., presiding. Petition nor Partition. This case was before the Court, (33 Maine, 311,) when partition was ordered and commissioners appointed. Their report was subsequently offered for acceptance, when Calvin'Copeland, one of the respondents, filed objections: — 1. Because Lysander Cutler, Caleb B. Curtis and Jonas Wheeler were appointed commissioners and commissioned in due form of law, and at a subsequent term Paschal Abbott was appointed by said Court instead of said Cutler, but no commission under the seal and attestation of said Court ever issued, directed to said…
1Opinion of the CourtTenney, J.
— 1. The commission issued upon the judgment, for partition under the seal of the Court. One of the persons appointed to make the division declined to act, and the-Court designated another. This appears by the commission- and the official certificate of the clerk thereon, and was in all respects sufficient authority to those appointed, in the-discharge of the duties prescribed. The substitution of one-commissioner for another did not annul the commission in other respects or Impair its legal effect. After the substitution, the seal upon the commission was adopted, and applied equally to the…
2Cases cited4 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Walker v. ShermanNew York Supreme Court · 1839
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
3Cited by16 opinions
- Cunningham & Co. v. CuretonSupreme Court of Georgia · 1895
- Danville Holding Corp. v. ClementSupreme Court of Virginia · 1941
- Fifield v. Farmers' National BankIllinois Supreme Court · 1893
- White v. Cincinnati, Richmond & Muncie RailroadIndiana Court of Appeals · 1904
- Thomas v. DavisSupreme Court of Missouri · 1882
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