Benner v. Benner
Supreme Judicial Court of Maine
On exceptions by plaintiff. An action of assumpsit on account annexed to recover $523.95 less a cash credit item of $100. After the testimony was in, and counsel for defendant had argued, and counsel for plaintiff was addressing the jury, the presiding Justice permitted defendant, under objection by plaintiff, to testify that she never paid the item credited in the account annexed, some comments being made by the presiding Justice as to his duty to litigants in his court,…
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On exceptions by plaintiff. An action of assumpsit on account annexed to recover $523.95 less a cash credit item of $100. After the testimony was in, and counsel for defendant had argued, and counsel for plaintiff was addressing the jury, the presiding Justice permitted defendant, under objection by plaintiff, to testify that she never paid the item credited in the account annexed, some comments being made by the presiding Justice as to his duty to litigants in his court, and during the charge to the jury the presiding Justice read a letter written by defendant to plaintiff which had been…
1Opinion of the CourtDunn, J.
When the Legislature, in defining the respective functions of the court and of the jury in the trial of a case, laid down the inhibition that the Judge must not express opinion on arising issues of fact, it went no further in its meaning than that he should refrain from speaking of the facts in manner implying his utterance entitled to obedience. R. S., Chap. 87, Sec. 102; State v. Mathews, 115 Maine, 84. He must separate the questions of law from the questions of fact, and thus disunited sent the questions of fact to , the province of the jury, free from authoritative verbal invasion by…
2Cited by9 opinions
- State v. DipietrantonioSupreme Judicial Court of Maine · 1956
- State v. HaycockSupreme Judicial Court of Maine · 1972
- State v. BurbankSupreme Judicial Court of Maine · 1960
- State v. MannSupreme Judicial Court of Maine · 1948
- State v. JonesSupreme Judicial Court of Maine · 1940
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