State v. Peck
Supreme Judicial Court of Maine
On exceptions. Debt on the official bond of Benjamin D. Peck, treasurer of the State of Maine, dated Jan. 28, 1858. Writ dated March 28, 1861. At the April term, 1868, the defendants pleaded full performance of the covenants and condition of the bond.
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On exceptions. Debt on the official bond of Benjamin D. Peck, treasurer of the State of Maine, dated Jan. 28, 1858. Writ dated March 28, 1861. At the April term, 1868, the defendants pleaded full performance of the covenants and condition of the bond. To which the plaintiff replied, that the principal defendant was treasurer of the State from Jan. 13, 1858, to Feb. 4, 1859, and that on Jan. 14, 1858, and divers other days and times between that day and Feb. 4, 1859, the said Peck, as said treasurer, received divers sums, amounting to $39,231.19, belonging to the State of Maine, and hath not…
1Opinion of the CourtDanforth, J.
This case has once been before the law court upon a special demurrer to the plaintiff’s replication, 58 Maine, 123.
The demurrer was overruled, the. replication held good, and the case sent back for final judgment, unless the defendants were permitted to withdraw their demurrer and plead anew under the provisions of the R. S., c. 82, § 19. At the term subsequent to the .announcement of the decision, the defendants’ counsel moved for leave to withdraw said demurrer, without the consent of the plaintiff and without complying with the provisions of the statute, and to :plead to the issue. This…
2Cases cited2 opinions
- McAlister v. ClarkSupreme Court of Connecticut · 1866
- Swan v. LittlefieldMassachusetts Supreme Judicial Court · 1850
3Cited by4 opinions
- Hauk v. BrownellIllinois Supreme Court · 1887
- Glidden v. Bath Iron Works Corp.Supreme Judicial Court of Maine · 1947
- Hughes v. Singer Sewing Machine Co.Supreme Judicial Court of Maine · 1953
- State v. City of WestbrookSupreme Judicial Court of Maine · 1960