Segars v. Segars
Supreme Judicial Court of Maine
On report. This action was tried at the April term, 1880, before a jury who brought in a verdict for nine hundred eighty-seven dollars and sixteen cents, and went to the law court on the defendant’s motion and exceptions.
Read the full summary
On report. This action was tried at the April term, 1880, before a jury who brought in a verdict for nine hundred eighty-seven dollars and sixteen cents, and went to the law court on the defendant’s motion and exceptions. The defendant died September 7, 1880. The certificate from the law court was received December 24, 1880, and the death of the defendant was suggested in vacation, December 29, 1880. At the April term of the probate court, 1881, the will of the defendant was probated and Wesley Segars was appointed executor, filed his bond and received letters testamentary. April 11, 1881,…
1Opinion of the CourtDanforth, J.
E. S., c. 77, § 16, as amended by ch. 181 of the acts of 1877, provides that "in all cases where a party to a suit dies while the action is pending before the law coui’t and no suggestion of such death has been made upon the docket of the county where the action is pending, at the time the certificate of decision is received by the clerk of the court in such county, any justice of the Supreme Judicial Court may, in term time or vacation, order such action to be brought or carried forward on. such county docket to a subsequent term of the court in such county, in order that such death may be…
2Cases cited1 opinion
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
3Cited by1 opinion
- Ashcraft v. PowersWashington Supreme Court · 1900