McLain v. Fowler
Supreme Judicial Court of Maine
On Exceptions by Defendant. Assumpsit for labor on account annexed $22.40 entered in Bangor Municipal Court on tbe first Monday of June, 1898. The defendant at the return term asked to have the cause removed to the Supreme Judicial Court for the reason that the amount claimed exceeds twenty dollars. The court denied this motion, and the defendant took exceptions. The parties agreed to the following statement: “Plaintiff entered his writ on the first day of the term.
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On Exceptions by Defendant. Assumpsit for labor on account annexed $22.40 entered in Bangor Municipal Court on tbe first Monday of June, 1898. The defendant at the return term asked to have the cause removed to the Supreme Judicial Court for the reason that the amount claimed exceeds twenty dollars. The court denied this motion, and the defendant took exceptions. The parties agreed to the following statement: “Plaintiff entered his writ on the first day of the term. “ On the same day the defendant filed his plea in abatement. “ On the third day of said term the plaintiff filed his demurrer to…
1Opinion of the CourtHaskell, J.
This is an action of assumpsit to recover $22.40, brought in the Bangor Municipal Court which had jurisdiction thereof.
The act of 1895, c.,211, § 4, provides: “If any • defendant in any action in said court, where the amount claimed in the writ exceeds twenty dollars, or his agent or attorney, shall, on the return term of the writ, file in said court a motion asking that said cause be removed to the supreme judicial court, and deposit,” etc., “the said action shall be removed into the supreme judicial court for said county,” etc. The action is there to be entered upon the docket of the…
2Cited by1 opinion
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