Boynton v. Fly
Supreme Judicial Court of Maine
Assumpsit on two notes of hand payable in specific articles; the recovery of which, was resisted by the defendant on the ground that he had been compelled to pay the amount on a judgment recovered against him by a creditor of the plaintiff in a process of foreign attachment. It appeared that Boynton and his creditor resided in Cumberland county, and Fly in Oxford.
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Assumpsit on two notes of hand payable in specific articles; the recovery of which, was resisted by the defendant on the ground that he had been compelled to pay the amount on a judgment recovered against him by a creditor of the plaintiff in a process of foreign attachment. It appeared that Boynton and his creditor resided in Cumberland county, and Fly in Oxford. The trustee writ was issued by a Justice of the Peace in Oxford, and was addressed to the sheriffs of the counties of Oxford and Cumberland, and was by them served. Judgment was rendered against Boynton upon default, and against Fly…
1Opinion of the Court
Weston C. J.
By chapter 76 of the revised statutes, ■§> 8, it is provided, that all civil actions, wherein the debt or damage does not exceed twenty dollars, and wherein the title of real estate is not in question, and specially pleaded by the defendant, shall and may be heard, tried, adjudged and determined, by any Justice ol the Peace within his county. General jurisdiction to this extent having been thus given, the same section prescribes what process the justice shall issue, where it may be served, and how long before the time appointed for trial. The process is to be by summons, capias or…
2Cited by2 opinions
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