Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1919-09-03
STATE OF MAINE.
COUNTY OF HANCOCK SIS.
suFRrME JUDICIAL CouET, Is EcrTTy,
ADA b. THOMPSON

ALoNZo r. THOMPSON.
To the Supreme Judicial Court. In Equity.
A DA b. Thompson of Ellsworth. Hancock
"A county, State of Maine, complains
against Alouzo F. Thompson, of said Ellis
worth, and says:
/. That on the asd day Of April, 1918. the
said Alonzo F. Thompson fled his bill in
equity in this court against her to recover
named in said bill in equity. claiming title
thereto and praying for delivery TO himself
ana possession of said goods and chsttels, and
that the said Ada b. Thompson be restrained
from removing them. Said bill in equity was
brought under section 8, of chapter IS, of
revised statutes of Maine. the said Alonzo r.
Thompson and the said Ada b. Thompson
being then husbandand wife. said bill in
equity referred to is hefeby maze a part OF
this complaint.
2. That she appeared By counsel in answer
to said bill of said Alonzn +. Thompson.
8. That on August 20, 1918. decree that
the said bill be taken pro coRfesso was Il ed.
copy of which decree Is hereto annexed and
made part of this bill
4. That on septembers Q, 1918, a final decree
was fled, which said final decree Is IN the
following erms, to wit; "Final Decree. This
cause came on to be Lesrd this day, and the
plaintiffs bill having been taken pro coHfesso
by decree of this court on the 2ath day of
August, 1918, for want of defense, and ten days
having elapsed since the entering of said
decree without motion to reopen the same;
therefore, upon considerations OF the same,
1t Is ordered adiudged and deereed as follows.
namely: That the said Ada b. Thompson
shall forthwith upon request deliver the
said AionEo r. Thompson or his attorney. No
costs to be allowed either party.
Gao. VI. HANSON,
Justice Supreme Judicial Court
Sept. 9th. 1918.
5. That on November :. 1918, she was ar
rested and committed to Jail on n warrant tor
contempt for failure to comply with said
1nal decree, and was thereby put to great
trouble and expense and humiliation, ana
was compelled to deliver said goods and chat
tells to the said AlonFo F. Thompson. ia order
to purge herself of contempt. when in truth
and in fact she had no int ton OF dett ing
any order of court, and had no knowledge
and understanding that said decree had been
rendered against her. and did not under
stand the meaning and effect of said decree;
but on the contrary had acted always and
wholly upon the advice Of her counsel by
whom she was informed that he was looking
after her case, and that 1t had been contin-
ued, and was still open and pending
6. That said bill in equity has never been
heard upon ITS merits; that in truth and in
fact she is owner and entitled to possession
OF said goods and chattels; that said decree
was obtained through fraud, accident and
mistake and without her actual knowledge
and under stauatng, and without fault on her
part; that By reason of the premises and
without the fault OF the petitioner justice has
not be en- done. That she is withou; adequate
remedy in law. Wherefore she prays:
l. That said Final Decree may be re-
viewed and reversed and declared to be null
and void; that - hearingiupon the bali of the
said Alonzo F. Thompson be ordered, and
that this petitioner be permitted 70 appear
and defend said DILL upon its merits
2. That the said AlonEo F. Thompson may
be enioined from proceeding to enforce said
final decree" and tnat the issuance OF
further process hereunder may be stayed.
5. That this petitioner may have such
other and further relief as the nature Of the
case may require
And may it please this honorable court to
issue its subpfena to the said Alonzo +.
Thompson commanding him To appear before
this court and answer TO this bill of com
plant, and abide the orders and DEGREES
thereon.
ADA b. THOMPSON.
Fred l.. Mason,
Solicitor for plaintiff
STATE OF MAINE
COUNTY OF HANCOCK IS. Nov. Is, a. 1918.
Then personally appeared Ada b. Thomp-
son and made oath thai she has read the
above bill and knows the contents thereof and
that the same is true of her own knowledge,
except the matte rsssSated TO be on informa-
tion and belief. and that. as to those matters.
she believes them to be true
Before me,
FRED L. MASON.
Justice of the Peace.
Dated this 9Th day OF November, a. d. 1918.