Paul v. Hussey
Supreme Judicial Court of Maine
Writ of Error to reverse a judgment recovered by Hussey against Paul, before a justice of the peace, at Belfast, on March 1, 1851. The error assigned was, that the writ in that action was made returnable and was entered on the 18th of January, 1851, at ten o’clock in the forenoon, when the parties appeared, and the action was continued two weeks, being to the first day of February; that, at the time fixed by the adjournment, the plaintiff in error appeared, but the justice…
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Writ of Error to reverse a judgment recovered by Hussey against Paul, before a justice of the peace, at Belfast, on March 1, 1851. The error assigned was, that the writ in that action was made returnable and was entered on the 18th of January, 1851, at ten o’clock in the forenoon, when the parties appeared, and the action was continued two weeks, being to the first day of February; that, at the time fixed by the adjournment, the plaintiff in error appeared, but the justice was not present, nor in town during any part of the day, having left Belfast previous to the first day of February, and…
1Opinion of the CourtRice, J.
— Objection is taken by counsel for the defendant, to the preliminary proceedings in this case, there being no writ of error, and no duly authenticated copy of a record of the judgment sought to be reversed.
By c. 269, of stat. 1852, those preliminary proceedings in error have been dispensed with. That Act, however, by its terms, applies only to cases commenced after its passage, and cannot therefore affect the present case, which was commenced in Jan. 1851. It has been held that in proceedings in error there should be a strict observance of the rules of law. Simpson v. Wilson, 24 Maine, 437.…
2Cases cited1 opinion
- Powers v. DavidSupreme Court of Alabama · 1844