History
  • No items yet
midpage
Rowell v. Patterson
1884 Me. LEXIS 34
Me.
1884
Check Treatment
Libbey, J.

We think it clear that this action is barred by the act of 1872, c. 85. The statute contains no exception in favor of insane persons or infants. Claims held by them against the estate of a deceased person are barred by the limitation as well as those held by others. Baker v. Bean, 74 Maine, 17 ; Hall v. Bumstead, 20 Pick. 2; Van Steenwyck v. Washburn, 28 Albany Law Journal, 483.

Whether sound public policy required an exception from the limitation in favor of insane persons and infants, was a question for the determination of the legislature. It did not deem it wise to make such exception. A construction by the court making it would be judicial legislation. We. know no rule for the construction of statutes which would authorize it.

Plaintiff nonsuit.

Peters, C. J., Walton, Barrows and Daneorth, JJ.,concurred.

Case Details

Case Name: Rowell v. Patterson
Court Name: Supreme Judicial Court of Maine
Date Published: May 29, 1884
Citation: 1884 Me. LEXIS 34
Court Abbreviation: Me.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.