134 Me. 221 | Me. | 1936
This action of forcible entry and detainer comes to this court on exceptions to the refusal of the trial Judge at nisi prius to rule upon an oral motion for an entry of default. The record shows no prejudicial error.
The Bill of Exceptions states that the action was originally begun in the Municipal Court of the City of Rockland and transferred to the Superior Court in and for Knox County on the defendant’s plea of not guilty with a brief statement of title in himself. It appears, however, that, although the plaintiffs filed their recognizance as required by law, the defendant neglected to recognize to the claimant and the case was sentforward lacking this essential prerequisite to a valid transfer to the Superior Court.
The transfer of an action of forcible entry and detainer to the Superior Court is governed by R. S., Chapter 108, Section 6, which provides :
“When the defendant pleads not guilty and files a brief statement of title in himself or in another person under whom he claims the premises, he shall, except as hereinafter provided, recognize in a reasonable sum to the claimant, with sufficient sureties, conditioned to pay all intervening damages and costs and a reasonable rent for the premises; and the claimant shall in like manner recognize to the defendant, conditioned to enter the suit at the next term of the Superior Court, and to pay all costs adjudged against him. If either party neglects so to recognize, judgment shall be rendered against him as on nonsuit or default.”
Under this statute, on the defendant’s failure to file his recognizance as there required it was the duty of the Municipal Court to enter judgment against the defendant as on default. The case was not in order for transfer to the Superior Court.
On the record sent forward here, the Superior Court for the County of Knox as yet has no jurisdiction in their proceeding. The case should be dismissed from its docket and returned to the court from which it was transferred, there to be disposed of in accordance with the law. Regardless of the reasons stated by the trial Judge, his refusal to consider a motion for an entry of default in the Superior Court was proper procedure.
Exception overruled.