Colley v. Merrill
Supreme Judicial Court of Maine
In this case, which was assumpsit, in addition to the general counts, the plaintiff, in his third count, declared that on the fourth day of May, 1827, in consideration that he would give the defendants a bill of sale of a certain vessel, to be built on Presumpscot river, the defendants promised to pay him therefor at the rate of twenty one dollars per ton; and averred that on the tenth day of June following, he gave them a bill of sale of the vessel, whereby and by reason of…
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In this case, which was assumpsit, in addition to the general counts, the plaintiff, in his third count, declared that on the fourth day of May, 1827, in consideration that he would give the defendants a bill of sale of a certain vessel, to be built on Presumpscot river, the defendants promised to pay him therefor at the rate of twenty one dollars per ton; and averred that on the tenth day of June following, he gave them a bill of sale of the vessel, whereby and by reason of their promise, they became liable to pay, &c. The writ bore date January 1, 1828. At the trial, which was upon the…
1Opinion of the Court
Weston J.
delivered the opinion of the Court at the ensuing term in Kennebec.
Before we proceed to other points made in this cause, it may be proper to consider the character of the bill of exceptions, which has been allowed under the seal of the Chief Justice.
Prior to the statute of Westminster the second, 13 Ed. 1. cap. 31, there was no mode of revising or correcting the direction or opinion of the presiding judge in the trial of a cause, in any matter of law, not apparent upon the record. By this statute, exceptions might be made to such opinion or direction, which it was made the duty of…
2Cases cited4 opinions
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Van Gorden v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
- JONES v. Insurance Company of North AmericaSupreme Court of the United States · 1802
- Lanuse v. BarkerNew York Supreme Court · 1813
3Cited by3 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Sears, Roebuck & Co. v. City of PortlandSupreme Judicial Court of Maine · 1949
- De Camp v. DobbinsNew Jersey Court of Chancery · 1878