Smith v. Moore
Supreme Judicial Court of Maine
ERROR to reverse a judgment of this court rendered against the present plaintiff in error, in an action brought against him as executor of the last will and testament of John Moore, to recover the penalty provided by Stat. 1821, ch. 51, sec. 11, for neglecting to file the will within thirty days after the death of the testator, and obtain probate of the same.
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ERROR to reverse a judgment of this court rendered against the present plaintiff in error, in an action brought against him as executor of the last will and testament of John Moore, to recover the penalty provided by Stat. 1821, ch. 51, sec. 11, for neglecting to file the will within thirty days after the death of the testator, and obtain probate of the same. See this case in 5 Greenl. 490. The principal errors assigned were, that in the declaration it was not alleged that the original defendant neglected to file the will “ without just'excuse made and accepted hy the Judge of Prohate for…
1Opinion of the Court
The opinion of the Court was read in the ensuing term, as drawn up by
Mellen C. J.
The objection which has been urged against our sustaining the writ of error in this case, we do not consider as well founded. The judgment before us discloses none of those facts on which the counsel rests his argument. They do not appear on the record ; and itis^well known that neither a report of a judge, nor an exception alleged by a party according to our statute, constitutes any part of the record. But if the facts did appear on the record, it would not alter the case. The question reserved was whether the…
2Cases cited3 opinions
- Sheldon v. ClarkNew York Supreme Court · 1806
- Teel v. YellisNew York Supreme Court · 1809
- Bennet v. HurdNew York Supreme Court · 1808
3Cited by5 opinions
- Notley v. BrownHawaii Supreme Court · 1905
- Territory v. ReyesHawaii Supreme Court · 1934
- Wiktorowicz v. HaleySupreme Judicial Court of Maine · 1969
- Hazard v. EngsSupreme Court of Rhode Island · 1882
- Wiktorowicz v. HaleySupreme Judicial Court of Maine · 1969