Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-12
Hearing in Case Of Merrill
Ct d. VS.. Miniken ct al;
Plaintiff Wants Equity P|eadings
To Replace Those at Law.
l|auor Sellers Convicted In Waldo
s, ], Court 1t Belfast.

Belfast, Me-, Jan. 1l.-(Specidl).-<AA
important hearing before Justice King
was held in the Court house Friday
night in the case Of c. H. Merrill and
Charles E.sLibby VS.. Charles A. Mill
ken and Sarah G. Bassett. The hearing
was on a motion by plaintiffs for leave
to strike out the pleadings at law and
plead in equity. The action was entered
at the September term, 1905. when a
general demurrer was filed, but nothing
further has been done in the case I'M
til this term, when this motion for
change of pleadings was presented.
1t appears that the action is an al
legged claim against the estate of Elias
Milliken, deceased, and it is admitted
that because the statute requirements
Of demand upon the estate were not
complied with the action cannot be
maintained ard the plaintiffs now ask
to be permitted to insert in place OF
their declaration in the writ. a bill in
equity provided for by another statute
to the effect that when creditor of an
estate has failed to present his claim
as required by statute so as to en-
able him to maintain an action at law
upon it, the court under Il bill IL
equity, may give him judgment on his
claim if he was not guilty Of culpabie
negligence in not presenting it as re-
CURED by statute. This motion to
change over The pleadings was resist 4
on the ground that while the demurrer
is pending and not joined, such motion
cannot be allowed; that the statute
providing for change of pleading
does not apply to such a case as this:
and that it is now too late for the par
ties to bring such Il bill in equity be-
cause the claim is barred by the gen
eral statute of limitations, and that
the court ought not to allow the sub
stitution in this case of q bill in equity
which could not otherwise be brought.
The amount originally involved Is:
$325, 900.
Justice King took the matter under
advisement. Ex-Judge Foster presented
the motion and H. M. Heath approved
It. The attorneys on the case are c. F.
johnson, Judge Reuel Rogers and Elk
Judge Enoch Foster for the plaintiff;
the defence.
uc lOllOWll6 ultOICcS IidNC UCC1l w
creed:
Hattie M. Braley from Albion c. Bra
ley. parties of Belfast, for desertion
for three consecutive years. Care and
custody of minor children, Hazel L.,
Clara L. and Merl N. Braley given to
the libellant as per decree on file
Brown for Liblt.
Maude l.. Robbins VS.. Arthur E
Robbins. Desertion for three consecu-
tive years. Custody of minor child CIV
en- to the mother as per decree OH file
Buzzell for Libt.
County Attorney Buzzell stated Sat
urday that the case Of State VS.. Ma
than E. Clark would be continued to
the April term, as the counsel for tbs
defence, Hon. L. NJ. Staples, is attend
ing the Legislature as senator from
Knox and would be unable to give his
attention to the case. 1t will be reme1n-
bered that Nathan E. Clark was in
dicted in April for burning the Tran
guilty Grange hall in Lincolnville last
May and was tried at that term. The
Jury after celebrating several hours
disagreed, standing, it is rumored,
to for conviction. New evidence has
since been entered in the case and il
tried at the April term it will be in
trcduced.
Eden Rowell, a youth who has beer
In Jail since early in October, bound
over by Judge J. o. Johnson Of Liberty
for larceny, was brought before Justice
Kind late Saturday afternoon and tn.
grand jury having found no Indictment
against him, he was discharged