¶1The record of the municipal court in this case shows that the respondent filed a plea of misnomer, and that the decision was against her upon that plea; and that, thereupon, judgment was rendered against her. By thus electing to go to trial solely upon the plea of misnomer in the municipal court, the respondent waived her right to plead anew in the appellate court and go to trial on the merits. Exceptions overruled.
64 Me. 521
State v. Corkrey
Supreme Judicial Court of Maine
Decided July 1, 1874
Supreme Judicial Court of Maine · decided 1874-07-01
On exceptions to the rulings of the justice of the superior court. Complaint and search and seizure process made to and issued by the municipal court of the city of Portland, against the present respondent and her husband, William Corkrey. Mr. Corkrey was discharged by that court, but his wife was convicted and sen-fenced to pay a fine of fifty dollars and costs, from which judgment she appealed to the superior court.
Decided 1874-07-01