Supreme Judicial Court of Maine, 1850

Lowe v. Dore

Lowe v. Dore
Supreme Judicial Court of Maine · Decided July 1, 1850 · Shepley
32 Me. 27

Lowe v. Dore

Opinion of the Court

Shepley, C. J.,

orally.—By statute, chap. 148, sec. 25, and the decisions under it, the justices are required to adjudicate upon the correctness of the notice.

If they adjudge it correct, they are to proceed further; otherwise, their action is at an end.

After the plaintiff had removed into this State, and his residence had been made known to the defendants, the notice was served, not upon the plaintiff, but upon his attorney. Was that a correct notice? That very question was before the justices for their decision. They considered the notice correct. That decision is conclusive. It is not examinable here. This has often been ruled. Plaintiff nonsuit.

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