Hunt v. Elliott

Decided June 15, 1841

Supreme Judicial Court of Maine · decided 1841-06-15

Exceptions from the Eastern District Court, Chandler J. presiding. Assumpsit to recover fifty dollars for so much money had and received. The exceptions state, that at the Oct. Term of that Court, 1838, this entry was made by the clerk on his docket under the action, at the verbal request of the defendant’s attorney. “ 1 day.

Cited by 1 later decisions — most recently June 1911

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1841-06-15

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¶1The opinion of the Court was by

Shepley J.

¶2It is provided by Statute, 1835, e. 165, § 6, that in actions founded in contract, the defendant may consent in writing to be defaulted, and that judgment shall be rendered against him for a sum by him specified in said writing; and that the same shall be entered on record.

¶3After the record has been made as provided, under the direction of the court, it is the best evidence of the fact; and evidence to contradict the record may properly be excluded.

¶4In this case evidence was received apparently without objection, that no offer was made by the defendant in writing. And the entry on the docket does not appear to have been made from any other authority than a verbal request from the attorney to the clerk. This court has decided to disregard all agreements not reduced to writing; and the effect of the record having been destroyed, this offer can only be regarded as of that character. Exceptions sustained.