Fontaine v. Peddle

This case is on exceptions by defendant to rulings by the presiding justice at a term of Kennebec County Superior Court. The Bill of Exceptions is based on the fact that the plaintiff Arthur Fontaine sued out a second action in the same court against Thomas Peddle while a first action was pending for the same cause. The plea in abatement filed by the defendant to the second suit and the plaintiff’s motion for voluntary nonsuit in the first suit were heard by the court at the same time. Exceptions were taken by the defendant to the granting of motion for nonsuit, and to the overruling of plea…