Inhabitants of Bangor v. Inhabitants of Brunswick
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J. Assumpsit to recover for supplies furnished to a pauper. The writ was dated in 1843. Under an appropriate brief statement, the defendants offered in evidence the record of a judgment, recovered by the defendants in 1849, in a suit commenced in 1845, by the plaintiffs, to recover for supporting the same pauper. This evidence was objected to, but was admitted j and it was ruled by the Court to be a bar to this suit.
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On Exceptions from Nisi Prius, Tenney, J. Assumpsit to recover for supplies furnished to a pauper. The writ was dated in 1843. Under an appropriate brief statement, the defendants offered in evidence the record of a judgment, recovered by the defendants in 1849, in a suit commenced in 1845, by the plaintiffs, to recover for supporting the same pauper. This evidence was objected to, but was admitted j and it was ruled by the Court to be a bar to this suit. To that admission and to that ruling, the plaintiffs excepted. The objections to the receiving of the record, were, that it was irrelevant,…
1Opinion of the CourtShepley, C. J.
— The plaintiffs commenced two actions against the defendants for the support of the same pauper at different times.
A verdict for the plaintiffs had been obtained in the action first commenced, which had been set aside and a new trial granted. The defendants had obtained a verdict in the action last commenced, and exceptions to the instructions given to the jury had been taken, but had not been argued, when the first action was in readiness for a second trial. *354The counsel thereupon made a written agreement, a copy of which is presented by the bill of exceptions taken in this case, and the…
2Cited by2 opinions
- Chapin v. School District Number Two in WinchesterSupreme Court of New Hampshire · 1857
- Inhabitants of the Town of Etna v. Inhabitants of the Town of PlymouthSupreme Judicial Court of Maine · 1966