3 Me. 216 | Me. | 1824
delivered the opinion of the Court, as follows.
The defendant moved the Court below to nonsuit the plaintiff, because the writ was not indorsed by any person whatever ; but the Court overruled the motion ; and we think very properly. If a writ is not indorsed before service, it may be a good objection by way of plea in abatement, or on motion ; provided such plea be filed or motion made in due season ; otherwise the objection is considered as waived. By Slat. 1821, ch. 59, sec. 8, if the person who indorsed the orignal writ is not of sufficient ability, the Court on motion may order the plaintiff to procure a new
We would avail ourselves of this opportunity to correct a mistaken opinion which we have had occasion to notice on the Circuit with respect to the right of the parties in a cause to file exceptions to the opinion of the Court of Common Pleas. The extent of the right seems not to have been perfectly understood. The provision contained in the fifth section of the act of 1822, ch. 193, is in these words; “ That either party aggrieved by any “ opinion, direction or judgment of said Court of Common Pleas, “ in any action originally commenced in said Court, many matter “of law, may allege exceptions to the same.” It is manifest that the legislature did not intend that every opinion of the Court of Common Pleas should be .subject to revision in this Court. The opinion, direction or judgment must be in some matter of law, involving and deciding the legal rights of one of the parties. Hence, if that Court should, contrary to law, admit or reject a