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79 Me. 51

Bennett v. Holmes

Supreme Judicial Court of Maine

Decided February 3, 1887

Supreme Judicial Court of Maine · decided 1887-02-03

On exceptions. A real action. The plaintiffs were described in the writ as-, residents of Lynn, Massachusetts. On the first day of returni term, the defendants filed a motion to abate the writ, because it was not indorsed before entry in court by a citizen of this state, as required by statute.

Decided 1887-02-03

Haskell, J.

¶1It is settled law in this state, that an indorsement of a writ as follows, "No. 262. From the office of J. W. Mitchell,” is sufficient. Jacobs v. Benson, 39 Maine, 132; Richards v. McKenney, 43 Maine, 177 ; Sawtelle v. Wardwell, 56 Maine, 146. The indorsement in Gilmore v. Crosby, 76 Maine, 599, was in different form.

¶2Exceptions overruled.

Peters, C. J., Walton, Virgin, Libbey and Emery, JJ., concurred.
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