Legal Opinion

Valentine v. Norton

Supreme Judicial Court of Maine

Decided July 1, 1849PublishedCited by 3 opinions

William Snow, in 1834, recovered a judgment against Moses Norton. Under the act of 1831, entitled “ An act for the abolition of imprisonment of honest debtors for debt,” he caused a citation to be issued for said Moses Norton to appear before two justices of the quorum to make disclosure of his business affairs. The citation was placed in the hands of Samuel L. Valentine, the plaintiff in error, then a deputy sheriff of the county of Penobscot, to be served on Snow.

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William Snow, in 1834, recovered a judgment against Moses Norton. Under the act of 1831, entitled “ An act for the abolition of imprisonment of honest debtors for debt,” he caused a citation to be issued for said Moses Norton to appear before two justices of the quorum to make disclosure of his business affairs. The citation was placed in the hands of Samuel L. Valentine, the plaintiff in error, then a deputy sheriff of the county of Penobscot, to be served on Snow. Valentine returned upon said citation that he had left an attested copy at said Moses Norton’s last and usual place of abode.…

1Opinion of the CourtShepley, C. J.

— This writ of error has been sued out to procure the reversal of a judgment rendered at a term of this Court holden in this county in the month of September, 1848. By an agreement between the counsel the benefit of a motion to dismiss is reserved to the defendant in error without prejudice from the plea of in nullo est erratum.

A motion is accordingly made to dismiss the writ because there is a misjoinder of errors in law and of errors in fact. It is contended that the three first errors assigned are errors in law, and that the two last are errors in fact.

The two last errors assigned are in…

2Cases cited4 opinions

  1. Cravath v. PlymptonMassachusetts Supreme Judicial Court · 1816
  2. Inches v. LeonardMassachusetts Supreme Judicial Court · 1815
  3. Field v. First Massachusetts Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
  4. Paine v. UlmerMassachusetts Supreme Judicial Court · 1811

3Cited by3 opinions

  1. Brill v. JewettCourt of Appeals for the Fifth Circuit · 1920
  2. Tice v. E. I. Du Pont De Nemours & Co.West Virginia Supreme Court · 1958
  3. Tice v. E. I. Du Pont De Nemours & Co.West Virginia Supreme Court · 1958

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