Hovey v. Hobson
Supreme Judicial Court of Maine
Exceptions from the ruling of Rice, J. Writ of Entrt. The demandant had introduced his evidence of title. The counsel of the tenant moved the Court to direct a nonsuit, on the ground that the testimony (elicited on cross-examination of plaintiff’s witness) showed that the purchase of the premises demanded, by the plaintiff, constitutes champerty and maintenance. The motion was sustained and nonsuit directed by the presiding Judge. The demandant excepted.
1Opinion of the Court
*63The opinion of the Court was drawn up by
Dickerson, J.
Writ of entry. Exceptions to the ruling of the Judge at Nisi Prius, ordering a nonsuit for maintenance and champerty.
Maintenance signifies an unlawful taking in hand, or upholding of quarrels, or sides, to the disturbance or hindrance of common right; as where one maintains another by advice, assistance or money, without any contract to have part of the thing in suit. Champerty is a species of maintenance, and exists whore one maintains one side in a suit with the agreement to have part of the proceeds of it. 2 Bouv. Law Dic., 9; 1 Hawkins’…
2Cases cited1 opinion
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Mossman v. Hawaiian GovernmentHawaii Supreme Court · 1896
- Merchants' Protective Ass'n v. JacobsenIdaho Supreme Court · 1912
- Euneau v. RiegerSupreme Court of Missouri · 1891
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