Willard v. Whitney
Supreme Judicial Court of Maine
On Exceptions to rulings and instructions of Davis, J., and on a motion for a now trial, because the verdict was against evidence, and on the ground of newly discovered evidence. The motions were not argued. This was an action of the case against the, late sheriff of Somerset county, for the alleged default of his deputy, Daniel Bunker, in not keeping certain property attached by him on a writ of plaintiff against Thomas McMullen and George McDaniels.
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On Exceptions to rulings and instructions of Davis, J., and on a motion for a now trial, because the verdict was against evidence, and on the ground of newly discovered evidence. The motions were not argued. This was an action of the case against the, late sheriff of Somerset county, for the alleged default of his deputy, Daniel Bunker, in not keeping certain property attached by him on a writ of plaintiff against Thomas McMullen and George McDaniels. The plaintiff offered a copy of his writ, &c., against McMullen & al., a copy of judgment, execution and return thereon. The defendant…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
The records of the Court show the proceedings in relation to* a suit from its entry to its final termination. The statements therein contained must be regarded as true. They are- not subject to explanation or contradiction ah extra. If facts are erroneously inserted in the record, upon sufficient proof, the Court may order their erasure. If material and existing facts, which should appear, are omitted in the narration of proceedings, the Court may order their insertion. The record is a narration of the proceedings in Court, and if, through…
2Cases cited1 opinion
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Woolfolk v. IngramSupreme Court of Alabama · 1875
- In Re TuckerCourt of Criminal Appeals of Oklahoma · 1910
- Cornelson v. StateCourt of Criminal Appeals of Oklahoma · 1926
- The GarlandDistrict Court, E.D. Michigan · 1883
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