Daily Kennebec journal., 1902-06-28
WILL NOT STAND.
Verdict in Morgan vs.. McCausIand
Set Aside by Law Court.
Proceedings Irregular and Net in Com
piance With Law.

The law court, Friday, handed down
q decision in the case of Mrs. Hannah
e. Morgan VS.. Antonio G. McCausland
administrator of the estate of the late
Sumner G. McCausland, sustaining the
exceptions made by the counsel for the
defendant, against whom a verdict was
rendered at the October term Of the
supreme judicial court for Kennebec
county in 1901.
The litigants reside at Farmingdale
and are well known throughout the
county. The late Mr.. McCausland was
for years identified with the ice bust
ness on the kennebec and sold out to
the American Ice 60.
Mrs. Morgan instituted suit for
breach of promise against Mr.. McCaus-
land, but he died before the return day
of the writ. Then she presented two
notes aggregating $1,000 and bills fer
board, nursing and sewing, the total
amount rising $4,000.
The administrator declared the estate
insolvent on account of Mrs. Morgan s
claim and the probate court appointed
two commissioners, Fremont j. c. Lit
tie, Esq, of Augusta, and George w
NcseltOn, Esq, Of Gardiner, to deter
mine the merits of the claims. The
commissioners refused to allow the
claims.
Then an appeal was taken to the su-
premc judicial court and a jury re-
turned q verdict for the appellant, Mrs
Morgan. for the full value of the notes
with interest. Mrs. Morgan testified al
the trial that Mr.. McCausland told hr'
that if she would stay at home until
they were married and not to go tC
Boston. as she had planned, that h
| would pay all Of her bills.
Hon. Herbert NJ. Heath, counsel 70
| the defendant, carried the case to th'
| Law court on the ground that the ap
peal had been improperly taken ant
| that all the evidence received should
be excluded. The opinion of the high
est tribunal in the State, drawn by AS
soriate Justice Sewall G. Strout, wind
up the case.
Hon. A. NJ. Spear of Gardiner, VIII
was recently appointed an associat
| Justice of the supreme judicial court
was counsel for Mrs. Morgan, assisted
| by Hon. Q. +. Clason Of Gardiner, am
| Hon. Herbert N. Heath of Augusta, TO
the administrator. The following is tn
| full text of the rescript:
| The claim presented to the commission
ers of Insolvency on the estate of de
PENDANTS intestate was not supported
by the oath of the plaintiff nor of an.
one "cognizant thereof as required b.
T.. s. c. Sc, s. 5. The claim presented
to them was not the claim offered il
proof on trial. The evidence of the lat
ter claim was inadmissible under th
pleadings The appeal was from de
cree of the judge Of prbate and n
from the decision of the commissioners
There was no decree of the judge o
probate to appeal from. No appeal wa
| taken from the decision Of the com
misisoners. The appeal was taken t.
the supreme court of probate, when /
should have been to the supreme judi
cial court on the law side. From frs
to last. the proceedings We're irregular
and not in compliance with law. Th'
true claim was not presented to the
commissioners, nor stated in the writ
The attempted appeal was ineffectua
to confer jurisdiction upon the court
| Exceptions sustained.