Supreme Judicial Court of Maine, 1849

Witherel v. Randall

Witherel v. Randall
Supreme Judicial Court of Maine · Decided July 1, 1849 · Shepley
30 Me. 168

Witherel v. Randall

Opinion of the Court

Shepley, C. J.

— This Court has twice decided that an original writ, without the seal of the proper court, is defective; and that the defect is not amendable. Bailey v. Smith, 3 Fairf. 196; Tibbets v. Shaw, 19 Maine, 204. In the present case there was no waiver by a plea to the merits.

The exceptions appear to have been properly taken, but the case was irregularly introduced into this Court before there had been any proceedings in the District Court suitable to present it for final judgment on the merits. Dagget v. Chase, 29 Maine, 356.

Exceptions dismissed.

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