Thompson v. McIntire

Decided July 1, 1860

Supreme Judicial Court of Maine · decided 1860-07-01

<p>The case of Coffin y. Rich, 45 Maine, 507, examined and approved.</p> <p>Where a case is submitted to the full Court on report of the case, a suggestion in argument, of an amendment of the writ, will not be considered; no motion to amend having been made at Nisi Prim. ‘</p>

Decided 1860-07-01

¶1The opinion of the Court was drawn up by

Kent, J.

¶2These cases all depend upon the same question. The case of Coffin v. Rich, 45 Maine, it is admitted -by plaintiff’s counsel, is decisive of these cases, as they are before us on the report, if that case is to stand as sound law. We have examined the elaborate and minute argument of the learned counsel for the plaintiff, and we see no reason for overruling the case referred to, which was carefully considered. We do not deem it necessary to restate the points decided, or to consider in detail the objections which are now urged.

J. C. Woodman, for plaintiff.Howard and Strout, for defendants.

¶3No motion to amend is before us, as none was made in the county Court. We cannot regard a suggestion in argument as equivalent to such a motion.

¶4In all the above entitled actions

¶5Plaintiff is to be nonsuit.