Franklin Bank v. Stevens
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Shepley, C. J., presiding. This was an action of debt upon a bond purporting to be dated Oct. 1, 1847, and to be signed by Hiram Stevens as principal, and the defendants and one James N. Cooper, since deceased, as sureties. Proof that the bond was lost was introduced, and a copy duly authenticated was used on the trial. The defendants pleaded “non est factum.” An issue was joined thereon.
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ON Exceptions from Nisi Prius, Shepley, C. J., presiding. This was an action of debt upon a bond purporting to be dated Oct. 1, 1847, and to be signed by Hiram Stevens as principal, and the defendants and one James N. Cooper, since deceased, as sureties. Proof that the bond was lost was introduced, and a copy duly authenticated was used on the trial. The defendants pleaded “non est factum.” An issue was joined thereon. On the back of the bond was this indorsement, “approved and accepted by vote of directors, Oct. 11, 1847. J. Otis, Pres.” The condition was in these words, “ that whereas the…
1Opinion of the CourtRice, J.
-— This case is presented on two bills of exceptions. The first bill was filed and allowed at the August Term of the Court, in 1854. The complaint in this bill is, that the words “ to abide,” which had been entered upon the ■docket, under this action, at some preceding term, were, on motion of the plaintiffs, stricken off by order of the presiding Judge-
Entries made upon court dockets by consent of parties, under the direction of the Court, merely to facilitate business, are subject to the direction of the Court. They are designed to relieve parties from unnecessary inconvenience and costs,…
2Cited by10 opinions
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- Helms v. Wayne Agricultural Co.Indiana Supreme Court · 1881
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Sherman v. SmithSupreme Court of Iowa · 1918
- Sherman v. HarbinSupreme Court of Iowa · 1904
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