Rowell v. Patterson

Supreme Judicial Court of Maine

Rowell v. Patterson

76 Me. 196, 1884 Me. LEXIS 34

CourtSupreme Judicial Court of Maine

DecidedMay 29, 1884

StatusPublished

Cited by4 cases

This text of 76 Me. 196 (Rowell v. Patterson) 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

Rowell v. Patterson, 76 Me. 196, 1884 Me. LEXIS 34 (Me. 1884).

Pincite

Opinion

Libbey, J.

We think it clear that this action is barred by the act of 1872, c. 85. The statute contains no exception in favor of insane persons or infants. Claims held by them against the estate of a deceased person are barred by the limitation as well as those held by others. Baker v. Bean, 74 Maine, 17 ; Hall v. Bumstead, 20 Pick. 2; Van Steenwyck v. Washburn, 28 Albany Law Journal, 483.

Whether sound public policy required an exception from the limitation in favor of insane persons and infants, was a question for the determination of the legislature. It did not deem it wise to make such exception. A construction by the court making it would be judicial legislation. We. know no rule for the construction of statutes which would authorize it.

Plaintiff nonsuit.

Peters, C. J., Walton, Barrows and Daneorth, JJ.,concurred.

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