Legal Opinion

White v. Wilkins

Supreme Judicial Court of Maine

Decided July 15, 1844PublishedCited by 1 opinion

The first of these actions was originally commenced by Silas Pierce & Co. in the name of the treasurer of the State against Wilkins, late sheriff of the county of Penobscot, and against his sureties, for neglect of official duty in one of his deputies. Additional declarations were afterwards filed in that suit by Dinsmore & ah, by Homes & ah, by Harriman and by Pratt, for injuries alleged by them to have been respectively sustained by other defaults of deputies of Wilkins.

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The first of these actions was originally commenced by Silas Pierce & Co. in the name of the treasurer of the State against Wilkins, late sheriff of the county of Penobscot, and against his sureties, for neglect of official duty in one of his deputies. Additional declarations were afterwards filed in that suit by Dinsmore & ah, by Homes & ah, by Harriman and by Pratt, for injuries alleged by them to have been respectively sustained by other defaults of deputies of Wilkins. The second suit was an action brought on the same bond as the first for the benefit of Joseph Eaton, to obtain…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

In the action first named, James Dinsmore & al. Henry Homes & al. James T. Harriman and Eleazer F. Pratt & al. have filed additional declarations, and caused the defendants to be summoned to answer them by virtue of the provisions of the act passed on March 14, 1842. The defendants have appeared, and filed pleas in abatement, alleging the pendency of a prior suit between the same parties for the same cause of action. To the second suit above named a like plea in abatement has been pleaded. Replications have *301been made to the several pleas, and…

2Cases cited1 opinion

  1. Commonwealth v. HatchMassachusetts Supreme Judicial Court · 1809

3Cited by1 opinion

  1. Moore v. HenryWest Virginia Supreme Court · 1915

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