Supreme Judicial Court of Maine, 1872

McKenzie v. Wardwell

Supreme Judicial Court of Maine · Decided July 1, 1872 · Apflbton, Arrows, Cutting, Danforth, Walton

61 Me. 136

Cases that cite this one

2 later published cases cite this decision.

Maloney v. Winston Bros. (Idaho 1910)
Peterson v. Struby (Ind. Ct. App. 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DaNFORTH, J.

It is a -well-settled principle that the laws of other States can be recognized by our courts only when proved as a matter of fact. In the absence of such proof the law will be assumed to be the same as our own.

The attorney who recovered the original judgment in the action at bar, testifies that he had a lien thereon for his costs.

*140This lien could not be defeated by a payment to and discharge by the plaintiff in the suit. Newbert v. Cunningham, 50 Maine, 231.

The ruling of the presiding justice was in accordance with the law of this State, and no testimony was offered to show that any different rule prevailed in Massachusetts.

Exceptions overruled.

' ApflbtoN, C. J.; Cutting, WaltoN, and B ARROWS, JJ., concurred.

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