Inhabitants of Durham v. Inhabitants of Lewiston
Supreme Judicial Court of Maine
Upon the record in this case it appeared that the original judgment was rendered at November term 1822; — that at May term 1824, on the petition of Durham a review was granted; — and that Ho writ of review having been sued out returnable at the next term in November 1824, the legislature, on the petition of the plaintiffs in review, authorized them, by a resolve passed Feb. 23, 1825, to sue out and prosecute the present writ of review, at the then next term of this court,…
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Upon the record in this case it appeared that the original judgment was rendered at November term 1822; — that at May term 1824, on the petition of Durham a review was granted; — and that Ho writ of review having been sued out returnable at the next term in November 1824, the legislature, on the petition of the plaintiffs in review, authorized them, by a resolve passed Feb. 23, 1825, to sue out and prosecute the present writ of review, at the then next term of this court, which was done accordingly. The defendants pleaded in abatement that the writ of review was not sued out and returnable to…
1Opinion of the Court
Mellen C. J.
On the facts appearing on the record in this cause, the question is whether the writ shall be sustained, or the plea adjudged good. The cause has been ably argued on both sides. One object of the plaintiff’s counsel has been to distinguish this case from that of Lewis & al. v. Webb 3 Greenl. 326, in respect to the constitutional authority of the legislature to pass the resolve in question and give it its intended operation. The soundness of that decision is not questioned ; but as the two cases in some respects were different, we have attentively listened to the arguments, that we…
2Cited by7 opinions
- Nadeau v. StateSupreme Judicial Court of Maine · 1978
- State v. DugganSupreme Court of Rhode Island · 1886
- Opinion of the Justices of the Supreme Judicial CourtSupreme Judicial Court of Maine · 1961
- Opinion of the JusticesSupreme Judicial Court of Maine · 1979
- State of Maine v. Townsend ThorndikeSupreme Judicial Court of Maine · 2025
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