Welcome v. Batchelder
Supreme Judicial Court of Maine
The action was trespass, de bonis asportatis, for goods attached and taken by E. C. Blake, a deputy of the defendant, on Feb. 1, 1842. as the property of Michael Welcome, on a writ against him in favor of Manning & Glover.
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The action was trespass, de bonis asportatis, for goods attached and taken by E. C. Blake, a deputy of the defendant, on Feb. 1, 1842. as the property of Michael Welcome, on a writ against him in favor of Manning & Glover. There was a report of the questions of law, decided by the Judge during the trial, but no statement of .the facts on which the ruling was founded appeared therein; but there was a motion on tho part of the plaintiff for a new trial, because the verdict was against evidence, and a report was made of all the testimony given in the case, under that motion. The property…
1Opinion of the Court
The opinion of the Court was drawn up by
W hitman C. J.
In this case ’exceptions to the ruling of the Judge at the trial were taken, and a motion for a new trial also filed. It is difficult to see upon what ground either of them can be sustained. As to the exceptions to the.ruling, in reference to the admissibility of the witnesses introduced by the defendant, we think the ruling w.aS correct. The deputy, who made the attachment, had been released by the defendant; so that he had no interest to testify in his favor. If the plaintiff, were to recover the full amount of his claim against him, he…
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