Wheelden v. Wilson
Supreme Judicial Court of Maine
This is an action of Trespass, brought against the defendant, who was sheriff, for the act of one Bicknell, alleged to he his deputy, in taking and carrying away the goods of the plaintiff, and comes before the full court on Exceptions to the rulings of Appleton, J., and on Motion to set aside the verdict, which was for the plaintiff.
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This is an action of Trespass, brought against the defendant, who was sheriff, for the act of one Bicknell, alleged to he his deputy, in taking and carrying away the goods of the plaintiff, and comes before the full court on Exceptions to the rulings of Appleton, J., and on Motion to set aside the verdict, which was for the plaintiff. The defence was the general issue and a brief statement, that the goods were attached and taken on a process duly issued out of, and now pending in the court. The plaintiff introduced a mortgage from George R. Wheelden to himself, of all said Wheelden’s stock of…
1Opinion of the CourtRice, J.
The plaintiff presented himself as a witness upon the stand in his own behalf, and was permitted by the court, against the objection of the defendant, to answer the following interrogatory, proposed by his counsel: “What was your motive in taking the mortgage?” The validity of the mortgage, with reference *■ to which this inquiry was made, was a material fact in issue between the parties. It was assailed by the defendant on the ground of' fraud. Whether it was fraudulent, so far as the plaintiff was concerned, depended entirely upon the intent or motive with which he received it. If it were…
2Cited by9 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Gardom v. WoodwardSupreme Court of Kansas · 1890
- Eaton v. SontagSupreme Judicial Court of Maine · 1978
- Reilly v. BarrWest Virginia Supreme Court · 1890
- State ex rel. Blake v. CabanneMissouri Court of Appeals · 1883
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