Phillips v. Megquier

Supreme Judicial Court of Maine
Phillips v. Megquier, 17 Me. 28 (Me. 1840)
Shepley

Phillips v. Megquier

Opinion of the Court

The opinion of the Court was by

Shepley J.

The stat. 1835, c. 165, § 2, provides, “ that no appeal shall be had from the Court of Common Pleas in a civil action,” except from an opinion or judgment appearing by exceptions, or rendered upon an issue- in law, or on a case stated by the parties. The disclosure of a trustee cannot be considered an issue in law, or a case stated by the parties. Those terms have a well known meaning applicable to a class of cases, which they respectively designate. The statute has deprived the party of the right *29of appeal in this case unless upon exceptions duly filed and allowed.

Appeal dismissed.

Reference

Full Case Name
John E. Phillips v. James Megquier & Tr.
Status
Published