A. C. Paradis Co. v. H. W. Maxim Co.

Supreme Judicial Court of Maine

A. C. Paradis Co. v. H. W. Maxim Co.

87 A.2d 666, 148 Me. 43, 1952 Me. LEXIS 1

CourtSupreme Judicial Court of Maine

DecidedMay 15, 1952

StatusPublished

Cited by2 cases

This text of 87 A.2d 666 (A. C. Paradis Co. v. H. W. Maxim Co.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. C. Paradis Co. v. H. W. Maxim Co., 87 A.2d 666, 148 Me. 43, 1952 Me. LEXIS 1 (Me. 1952).

Pincite

Opinion

Per Curiam.

These are several bills in equity to establish liens for labor and materials consolidated into one proceeding. The defendant Joseph Cook, a mortgagee, seeks to bring before us an appeal from the final decree of the Justice who heard the cause.

The appeal, however, was taken not from a final decree but from a written statement signed and filed by the Justice entitled “Findings, Decision and Decree.” Therein the Justice sets forth in full detail findings of fact, rulings of law, and his conclusions, but at no point does he make a decree. In brief, the statement provides the basis for a draft of a final decree but is not in itself such a decree. The statement alone has no operative effect upon either the parties or the land. Who does what to carry out its terms? Something more is required and that is a final decree.

A final decree it may also be noted in the consolidated proceedings will affect not only the plaintiff, A. C. Paradis [44]*44Company and this defendant, but others as well. See American Oil Co. v. Carlisle, 144 Me. 1, at 10, 11, 63 A. 2d 676; Gilpatrick v. Glidden, 82 Me. 201, 19 A. 166; Whitehouse, Equity Jurisdiction Pleading and Practice in Maine, See. 522 (1900 Ed.); Equity Rules 28 and 29, 129 Me. 533, R. S. Ch. 95, Sec. 21.

Brann & Isaacson, for Plaintiff. W. A. Trafton, Jr., for Defendant. Sitting: Murchie, C. J., Thaxter, Fellows, Merrill, Nulty, Williamson, JJ.

The entry will be

Case dismissed this docket without prejudice.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

These are several bills in equity to establish liens for labor and materials consolidated into one proceeding. The defendant Joseph Cook, a mortgagee, seeks to bring before us an appeal from the final decree of the Justice who heard the cause.

The appeal, however, was taken not from a final decree but from a written statement signed and filed by the Justice entitled “Findings, Decision and Decree.” Therein the Justice sets forth in full detail findings of fact, rulings of law, and his conclusions, but at no point does he make a decree. In brief, the statement provides the basis for a draft of a final decree but is not in itself such a decree. The statement alone has no operative effect upon either the parties or the land. Who does what to carry out its terms? Something more is required and that is a final decree.

A final decree it may also be noted in the consolidated proceedings will affect not only the plaintiff, A. C. Paradis [44]*44Company and this defendant, but others as well. See American Oil Co. v. Carlisle, 144 Me. 1, at 10, 11, 63 A. 2d 676; Gilpatrick v. Glidden, 82 Me. 201, 19 A. 166; Whitehouse, Equity Jurisdiction Pleading and Practice in Maine, See. 522 (1900 Ed.); Equity Rules 28 and 29, 129 Me. 533, R. S. Ch. 95, Sec. 21.

Brann & Isaacson, for Plaintiff. W. A. Trafton, Jr., for Defendant. Sitting: Murchie, C. J., Thaxter, Fellows, Merrill, Nulty, Williamson, JJ.

The entry will be

Case dismissed this docket without prejudice.

Cite This Page — Counsel Stack

Bluebook (online)

87 A.2d 666, 148 Me. 43, 1952 Me. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-c-paradis-co-v-h-w-maxim-co-me-1952.

Opinion

Related

Cite This Page — Counsel Stack