Winthrop Savings Bank v. Blake

Supreme Judicial Court of Maine

Winthrop Savings Bank v. Blake

66 Me. 285, 1877 Me. LEXIS 146

CourtSupreme Judicial Court of Maine

DecidedMay 31, 1877

StatusPublished

Cited by1 cases

This text of 66 Me. 285 (Winthrop Savings Bank v. Blake) 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

Winthrop Savings Bank v. Blake, 66 Me. 285, 1877 Me. LEXIS 146 (Me. 1877).

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Opinion

Walton, J.

This action was entered at the March term, 1876. At the March term, 1877, the defendants filed a general demurrer [286]*286to the plaintiff’s declaration. The demurrer was overruled, and the defendants thereupon, moved for leave to plead anew. The motion was refused, and to this refusal the defendants filed exceptions. The court is of opinion that the exceptions must be overruled. The demurrer not having been filed at the first term, leave to plead anew could not be claimed as a legal right. R. S., c. 82, § 19. The motion was addressed to the discretion of the presiding justice; and to the exercise of a discretionary power, exfteptions do not lie. Exceptions overruled.

Appleton, C. J., Dickerson, Barrows, Danforth and Peters, JJ., concurred.

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Walton, J.

This action was entered at the March term, 1876. At the March term, 1877, the defendants filed a general demurrer [286]*286to the plaintiff’s declaration. The demurrer was overruled, and the defendants thereupon, moved for leave to plead anew. The motion was refused, and to this refusal the defendants filed exceptions. The court is of opinion that the exceptions must be overruled. The demurrer not having been filed at the first term, leave to plead anew could not be claimed as a legal right. R. S., c. 82, § 19. The motion was addressed to the discretion of the presiding justice; and to the exercise of a discretionary power, exfteptions do not lie. Exceptions overruled.

Appleton, C. J., Dickerson, Barrows, Danforth and Peters, JJ., concurred.

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Bluebook (online)

66 Me. 285, 1877 Me. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winthrop-savings-bank-v-blake-me-1877.

Opinion

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