Legal Opinion

Landers v. Smith

Supreme Judicial Court of Maine

Decided April 5, 1886PublishedCited by 9 opinions

On report from superior court of facts agreed. An action on the case for damages for the alleged perjury of ’witnesses introduced by the defendant at the trial of a former ¡action between the parties, in which the verdict was for the defendant and judgment was rendered thereon April 21, 1877. At the March term, 1883, the plaintiff filed a petition for review of that action, and at the following October term that petition was dismissed.

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On report from superior court of facts agreed. An action on the case for damages for the alleged perjury of ’witnesses introduced by the defendant at the trial of a former ¡action between the parties, in which the verdict was for the defendant and judgment was rendered thereon April 21, 1877. At the March term, 1883, the plaintiff filed a petition for review of that action, and at the following October term that petition was dismissed. This action was commenced March 13, 1884. The only question presented by this report is as to the statute -of limitations. The review was asked for under B>.…

1Opinion of the CourtEmery, J.

Courts will always endeavor to ascertain the real meaning and purpose of the legislature in enacting a new statute. In such endeavor they are not confined to the words of the particular statute in question. The general policy of previous legislation and the general principles of law and equity are to be considered, for there is a presumption (controllable of course by sufficient words) that the legislature did not intend any marked departure from such policy and principles. The results, of any particular construction are to be anticipated, and if such results will be anomalous, unjust, or…

2Cited by9 opinions

  1. Steele v. SmalleySupreme Judicial Court of Maine · 1945
  2. Texas Company v. C.F. SiefriedWyoming Supreme Court · 1944
  3. Houghton Bros. v. YocumWyoming Supreme Court · 1929
  4. Perkins v. KavanaughSupreme Judicial Court of Maine · 1938
  5. Inhabitants of Ashland v. WrightSupreme Judicial Court of Maine · 1943

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