Supreme Judicial Court of Maine, 1840

Phillips v. Megquier

Phillips v. Megquier
Supreme Judicial Court of Maine · Decided April 15, 1840 · Shepley
17 Me. 28

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.