Haswell v. Walker
Supreme Judicial Court of Maine
Action of assumpsit to recover on an account annexed certain sums of money claimed as due from defendant’s decedent. Defendant filed plea of general issue. At close of the evidence a nonsuit was granted; to which ruling plaintiff filed exceptions and also filed exceptions to certain other rulings of presiding Justice. Case stated in opinion.
1Opinion of the CourtPhilbrook, J.
Two exceptions are presented for examination; first, the exclusion of an affidavit, made and offered by the plaintiff under the-provisions of R. S., Chap. 87, Sec. 127; second, an order of nonsuit at the close of plaintiff’s evidence.
The section of the Statute just referred to provides in part that “In all actions brought on an itemized account annexed to the writ, the affidavit of the plaintiff, made before a notary public using a seal, that the account on which the action is brought is a true statement of the indebtedness existing between the parties to the suit, with all proper credits…
2Cited by3 opinions
- Casco Northern Bank, N.A. v. EdwardsSupreme Judicial Court of Maine · 1994
- Whorff v. JohnsonSupreme Judicial Court of Maine · 1948
- Tobey v. QuickSupreme Judicial Court of Maine · 1953