Meaher v. Mitchell
Supreme Judicial Court of Maine
On report. Judgment for defendant. This is an action of assumpsit upon an account annexed and a. special count, both for professional services and disbursements of plaintiff, as the attorney for the wife of the defendant, in proceedings for a divorce. This action was commenced and entered in the Superior Court for Cumberland County. Plea, general issue.
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On report. Judgment for defendant. This is an action of assumpsit upon an account annexed and a. special count, both for professional services and disbursements of plaintiff, as the attorney for the wife of the defendant, in proceedings for a divorce. This action was commenced and entered in the Superior Court for Cumberland County. Plea, general issue. At the conclusion of the evidence, by agreement of the parties, this case was reported to the Law Court for its determination, upon the evidence admitted at the trial without objection, and upon such parts of the evidence offered and objected…
1Opinion of the CourtCornish, J.
The plaintiff, an attorney at law, seeks to recover in this action against the husband for professional services rendered the defendant’s wife during divorce proceedings instituted by the husband. In those proceedings the libellee prevailed and the divorce was not granted. No express contract on the part of the defendant to pay for the services is alleged or claimed; but the plaintiff rests his case on the broad ground that the services rendered fall within the class of necessaries for which the husband may be held liable in an independent action.
Two small items in the account annexed cover…
2Cases cited15 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Porter v. BriggsSupreme Court of Iowa · 1874
- Sprayberry v. MerkSupreme Court of Georgia · 1860
- Clarke v. BurkeWisconsin Supreme Court · 1886
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3Cited by9 opinions
- Strater v. StraterSupreme Judicial Court of Maine · 1963
- Arlene M. Damon v. Cecil J. DamonCourt of Appeals for the First Circuit · 1960
- Lanyon's Detective Agency, Inc. v. CochraneNew York Court of Appeals · 1925
- Friedman v. FriedmanSupreme Court of Oklahoma · 1928
- Grimstad v. JohnsonMontana Supreme Court · 1921
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