Palmer v. Inhabitants of Town of Blaine
| Decision Date | 22 November 1917 |
| Citation | 116 Me. 524,102 A. 291 |
| Parties | PALMER. v. INHABITANTS OF TOWN OF BLAINE et al. |
| Court | Maine Supreme Court |
Exceptions from Supreme Judicial Court, Somerset County, at Law.
Action by Herbert L. Palmer against the Inhabitants of the Town of Blaine and others. Judgment for plaintiff, and defendants bring exceptions. Exceptions overruled.
See, also, 115 Me. 287, 98 Atl. 753.
Argued before SPEAR, KING, BIRD, HANSON, and MADIGAN, JJ.
Manson & Coolidge, of Pittsfield, for plaintiff.
W. S. Brown, of Mars Hill, for defendant.
In this case the demurrers were not filed until the second term, and no leave to plead anew was then obtained; the demurrers were sustained at nisi prius, but the exceptions to that ruling were sustained by the law court; after that decision of the law court was received, upon motion, judgment was entered for the plaintiff, and the case comes up on exceptions to that ruling.
Held:
1. Where a demurrer is not filed until the second term, and no leave to plead anew is granted, the defendant has no right to plead anew after the demurrer has been overruled. In such case judgment is to be entered for the plaintiff. R. S. c. 87, § 36; Fryeburg v. Brownfield, 68 Me. 145; Roberts v. Niles, 95 Me. 244, 49 Atl. 1043.
2. The ruling ordering judgment for the plaintiff in this case was correct, and the exceptions thereto mast be overruled.
So ordered.
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Hutchins v. Libby
...v. Inhabitants of Brownfield, 68 Me. 145, opinion written by Justice Walton a year later. In the decision of Palmer v. Inhabitants of Blaine, 1917, 116 Me. 524, 102 A. 291, it is held: 'Where a demurrer is not filed until the second term, and no leave to plead anew is granted, the defendant......
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