Scott v. Perkins
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Goodenow J. presiding. Trover for ten sheep. The general issue was pleaded and joined. Much testimony appeared in the exceptions respecting the property in the sheep and the conversion thereof by the defendant. The questions of law arising in the case will be sufficiently understood from the requests for instruction, the instructions given, and the opinion of this Court.
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Exceptions from the Western District Court, Goodenow J. presiding. Trover for ten sheep. The general issue was pleaded and joined. Much testimony appeared in the exceptions respecting the property in the sheep and the conversion thereof by the defendant. The questions of law arising in the case will be sufficiently understood from the requests for instruction, the instructions given, and the opinion of this Court. The plaintiff contended that the will gave an absolute title to the widow to all the personal estate of said Jonathan Scott, that was located in the town of Minot, unless said…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— The first ground of exception is to the
admission of the deposition of Stephen Curtiss. It is insisted that it is not in conformity to the statute, c. 133, <§> 17, inasmuch as the caption does not specify the kind of action in reference to which it was taken. The statute provides, that it shall state “ the cause in which the deposition is to be used.” It is argued that the word “ cause” means “ kind,” and, therefore, the kind of action should be named. If such was the intention of the Legislature it is not easy to perceive why it should…
2Cited by7 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- City of Big Spring v. GarlingtonCourt of Appeals of Texas · 1935
- Foote v. SandersSupreme Court of Missouri · 1880
- Bowe v. PalmerUtah Supreme Court · 1909
- Lewiston Trust Co. v. DevenoSupreme Judicial Court of Maine · 1950
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