Ray v. Lyford

On exceptions by the defendant. This case was heard by the presiding justice at a term of the Superior Court by agreement without a jury. R. S., Chap. 106, Sec. 17. The docket does not show a reservation of the right to except as to matters of law, and so ordinarily the case could not be brought forward. The defendant, however, is saved by operation of the rule stated by Chief Justice Fellows in Ouellette & Ouellette v. Pageau, et al., 150 Me. 159, 163, 107 A. (2nd) 500, which reads:

“It is, therefore, the rule of practice in Maine that where a cause is tried by a presiding justice without the…