Opinion · Supreme Judicial Court of Maine
Clark v. Pishon
31 Me. 503
- Type
- Opinion
- Court
- Supreme Judicial Court of Maine
- Jurisdiction
- Maine
- Date
- 1850-07-01
- Topic
- intellectual-property-and-technology
Howard, J., orally. By pleading in bar, the defendant admitted the plaintiff’s capacity, though in the very plea he denies it. There was an incongruity. The plea was rightfully rejected. So also was the plea containing the protest.
Citator
UpLaw has not yet analyzed Clark v. Pishon. The absence of a flag is not a finding that it is good law.
By pleading in bar, the defendant admitted the plaintiff’s capacity, though in the very plea he denies it. There was an incongruity. The plea was rightfully rejected. So also was the plea containing the protest. Perhaps the protest might have been deemed surplusage, but the Judge had the right to reject the whole.
The allowance of the depositions was at the discretion of the Judge. R. S. chap. 133, sect. 22.
The Probate Court had jurisdiction in the appointment of the administrator. His decree is conclusive, except when appealed from. The evidence, offered on that point, was properly excluded. Exceptions overruled.