Legal Opinion

Downing v. O'BRIEN

Supreme Judicial Court of Maine

Decided September 26, 1974PublishedCited by 12 opinions

1Opinion of the Court

POMEROY, Justice.

Plaintiff commenced an action on a promissory note by complaint agreeable to Form 3, Maine Rules of Civil Procedure. A copy of the promissory note was annexed to the complaint as Exhibit A. Service was made in hand upon the defendants.

The defendants failed to answer or even to appear.

After the passage of an appropriate period of time the plaintiff filed an affidavit and requested the Clerk to enter a default and a default judgment.

Upon receipt of the request for the entry of default, the Clerk did make such entry on the docket.

Shortly thereafter in some manner the request for…

2Cases cited11 opinions

  1. Packard v. WhittenSupreme Judicial Court of Maine · 1971
  2. Roberts v. GibsonSuperior Court of Pennsylvania · 1969
  3. Anderson v. Taylorcraft, Inc.District Court, W.D. Pennsylvania · 1961
  4. E. L. Dow v. Glen O. Baird, Roy Lee Shaffer and Leslie DavisonCourt of Appeals for the Tenth Circuit · 1968
  5. Providence Tool Co. v. PraderCalifornia Supreme Court · 1867

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Board of Overseers of the Bar v. LeeSupreme Judicial Court of Maine · 1980
  2. Porges v. ReidSupreme Judicial Court of Maine · 1980
  3. Architectural Woodcraft Co. v. ReadSupreme Judicial Court of Maine · 1983
  4. Millett v. DumaisSupreme Judicial Court of Maine · 1976
  5. Royal Coachman Color Guard v. Marine Trading & Transportation, Inc.Supreme Judicial Court of Maine · 1979

7 more not listed; retrieve them via the Exa API.

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