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17 Me. 28

Phillips v. Megquier

Supreme Judicial Court of Maine

Decided April 15, 1840

Supreme Judicial Court of Maine · decided 1840-04-15

This action was commenced in the Court of Common Pleas, where the defendant was defaulted, and Bird, the trustee, made a disclosure, and was adjudged by the Court to be trustee. From this adjudication, the trustee appealed, and entered the action at the next term of the S. J. Court.

Decided 1840-04-15

¶1The opinion of the Court was by

Shepley J.

¶2The stat. 1835, c. 165, § 2, provides, “ that no appeal shall be had from the Court of Common Pleas in a civil action,” except from an opinion or judgment appearing by exceptions, or rendered upon an issue- in law, or on a case stated by the parties. The disclosure of a trustee cannot be considered an issue in law, or a case stated by the parties. Those terms have a well known meaning applicable to a class of cases, which they respectively designate. The statute has deprived the party of the right *29of appeal in this case unless upon exceptions duly filed and allowed.

¶3Appeal dismissed.

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