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15 Me. 53

Fuller v. Whipple

Supreme Judicial Court of Maine

Decided June 15, 1838

Supreme Judicial Court of Maine · decided 1838-06-15

Debt on a judgment recovered in tbe State of Connecticut, •which at the time of the commencement of the suit was in full force, and not revoked or annulled. Subsequently proceedings in tbe Supreme Court in Connecticut were instituted, which resulted in a reversal of the judgment, and the record of the reversal was produced at the trial, and thereupon the plaintiff became non-suit.

Decided 1838-06-15

¶1By the Court.

Weston C. J.

¶2The reversal of the judgment, left the action without any support whatever. It was incident to that judgment, to be so dealt with, on process in error. The plaintiff, having failed in his action, and having become nonsuit, tbe defendant is the prevailing party; and as such entitled to costs.

¶3Exceptions overruled,

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