Rice v. Brown
Supreme Judicial Court of Maine
On exceptions and motion of the defendant to set aside the verdict, and for a new trial. This was an action of covenant broken. The defendant seasonably filed a plea of abatement to the jurisdiction of the court, alleging that neither he nor the plaintiff were inhabitants, or citizens of the state, and that no goods, effects, or credits of his, the defendant, were found or attached upon the writ in the action. To this plea the plaintiff demurred.
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On exceptions and motion of the defendant to set aside the verdict, and for a new trial. This was an action of covenant broken. The defendant seasonably filed a plea of abatement to the jurisdiction of the court, alleging that neither he nor the plaintiff were inhabitants, or citizens of the state, and that no goods, effects, or credits of his, the defendant, were found or attached upon the writ in the action. To this plea the plaintiff demurred. The presiding justice adjudged the plea bad, and sustained the demurrer. To this the defendant excepted. The defendant requested the following…
1Opinion of the CourtPeters, C. J.
The court had jurisdiction of the cause. Any non-resident of the state may sue any other non-resident in any county where the defendant is personally served with process. Alley v. Caspari, 80 Maine, 234, and cases there cited.
The instrument is clearly a lease, — not merely an agreement for a lease. The parties evidently intended it as such, and there is no evidence to prevent it having that effect. The premises were in existence when the papers were made, and were fully completed when the defendant visited them to take possession. Sweetser v. McKenney, 65 Maine, 225.
The defendant contends…
2Cited by4 opinions
- Target Stores, Inc. v. Twin Plaza Co.Supreme Court of Minnesota · 1967
- Steen v. SwadleySupreme Court of Alabama · 1899
- Durham v. WilliamsSupreme Court of Louisiana · 1880
- White v. MarchSupreme Judicial Court of Maine · 1951