Rand v. Nutter
Supreme Judicial Court of Maine
On Exceptions. Indebitatus Assumpsit. The writ was against " Charles C. Nutter of Boston, Commonwealth of Massachusetts, and George H. Chadwick and William E. Chadwick of Portland.” Service was made upon Nutter alone, he having been found within the jurisdiction, and a discontinuance entered as to the other named defendants.
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On Exceptions. Indebitatus Assumpsit. The writ was against " Charles C. Nutter of Boston, Commonwealth of Massachusetts, and George H. Chadwick and William E. Chadwick of Portland.” Service was made upon Nutter alone, he having been found within the jurisdiction, and a discontinuance entered as to the other named defendants. The action was entered in the Superior Court for this county, at the December term, 1868, and, at the February term, it was tried, without the intervention of a jury, subject to exceptions in matters of law. The defendant offered in evidence the record of the Superior…
1Opinion of the CourtAppleton, C. J.
It appears, from the exceptions, that the plaintiffs, in June, 1868, commenced a suit against Geo. H. Chadwick, Win. F. Chadwick and Charles C. Nutter, and, at the October term of the Superior Court in this county, obtained judgment against George H. Chadwick, having discontinued as to all save the defendant against whom judgment was rendered.
' This suit was commenced against the same defendants for the same cause of action-, but the service was made upon Charles C. Nutter alone, a resident of Boston, Mass., he having been found within the jurisdiction of this State. A discontinuance having…
2Cases cited1 opinion
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Crehan v. . MegargelNew York Court of Appeals · 1922
- Field v. Layton & Layton, Inc.Court of Chancery of Delaware · 1928
- Finch v. GaligherIllinois Supreme Court · 1899
- Yoho v. McGovernOhio Supreme Court · 1884