Snell v. Snell

Decided July 1, 1885

Supreme Judicial Court of Maine · decided 1885-07-01

On Exceptions from Nisi Priiis, Appleton, J., presiding. Assumpsit, for use and occupation. The writ was entered at the Feb. term, 1854, at which term, under defendant’s name, was entered upon the docket Abbott, specially,” and the action was continued that and the succeeding term.

Cited by 1 later decisions — most recently September 1955

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-07-01

View the full empirical analysis of this case →

Appleton, J.

¶1By the 18th rule of this Court, pleas in abatement must be filed by the second day of the term, at which the actions are entered, and if not so filed, the de*308fendant must be regarded as having waived the particular defect, on account of which, he might by a plea have-abated the writ. Maine Bank v. Hervey, 21 Maine, 38. A motion to dismiss a suit for an alleged insufficiency of service must be made within the time which the rules of Court prescribe for filing pleas in abatement. Pattee v. Low, 35 Maine, 121; Nickerson v. Nickerson, 36 Maine, 417. The motion, in this case, was made at the third term, and was too late.

¶2Exceptions overruled. — Judgment on the verdict.