115 Me. 321 | Me. | 1916
This action was entered at the April term, 1909. According to the docket entries it slumbered for a period of three
It should be noted that Rule XLIV provides that cases remaining on the docket for a period of two years or more, with nothing done, shall be dismissed for want of prosecution unless good cause be shown to the contrary. Whether the cause be good or otherwise must be a question of fact, and a decision^ of such fact must he also within the discretion of the presidiñg Justice. In short, we see no ruling of law involved which can be properly made the subject of exception.
“Exceptions lie to rulings upon questions of law only, and not to-findings upon questions of fact. And a bill of exceptions,oto be available, niust show clearly and distinctly that the ruling excepted to was upon a point of law and not upon a question of fact; nor
Finally the plaintiff urges that if the questions involved were within the discretion of the presiding Justice there was an abuse of discretion. W.e cannot sustain this claim.
Exceptions overruled.