Legal Opinion

Oakes v. Moore

Supreme Judicial Court of Maine

Decided July 15, 1844PublishedCited by 11 opinions

Trover, for a quantity of pine logs. The whole evidence given at the trial, the objections raised to the right of the plaintiff to recover, and the ruling and instructions of the presiding Judge, all appear in the exceptions.

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Trover, for a quantity of pine logs. The whole evidence given at the trial, the objections raised to the right of the plaintiff to recover, and the ruling and instructions of the presiding Judge, all appear in the exceptions. The law of the case, on the view taken by the Court, will be understood, without any more particular statement of the facts, than will be found in the instructions to the jury, and in the opinion of the Court, By the agreement between the plaintiff and Jcfferds, assuming to be the agent of the proprietors, the plaintiff was to cut a large quantity of pine timber, on a…

1Opinion of the Court

The opinion of the Court was by

Whitman C. J.

Exceptions are taken to the Judge’s, instructions to the jury, in general terms, without pointing out any part in particular, which is deemed erroneous. This mode of taking exceptions may be very convenient, so far as the counsel are concerned, as it leaves them to find out, at their leisure, in what particular, if any, the instructions are erroneous. To the Court, nevertheless, it may be somewhat inconvenient, as it will not be apprised of any casual mistake or omission, into which it may, in the hurry of a trial, have been momentarily led, in…

2Cited by11 opinions

  1. Merrill v. ResslerSupreme Court of Minnesota · 1887
  2. John C. McTiernan, Bear Claw Cattle Company, and Gail Sistrunk v. James L. JellisWyoming Supreme Court · 2013
  3. Aldine Manufacturing Co. v. PhillipsMichigan Supreme Court · 1898
  4. Arians v. BrickleyWisconsin Supreme Court · 1885
  5. Giles v. Union Land Co.Court of Appeals of Texas · 1917

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