Citation Numbers: 85 Me. 57
Judges: Emery, Foster, Haskell, Libbey, Peters, Virgin, Walton, Whitehouse
Filed Date: 8/13/1892
Status: Precedential
Modified Date: 9/24/2021
The learned brief of the appellee’s counsel makes it clear that sei’viee of the reasons of appeal upon the attorney of a party, in the probate court, cannot work a compliance with the provisions of the statute, R. S., c. 63, § 24, that require the same to be made upon the party.
More mischief is likely7 to come from allowing service in such cases to be made upon the attorney, in a court where appearances are often not entered of record, than convenience; especially, as R. S., c. 63, § 25, provides ample remedy, when service upon the party cannot be made in season to comply with the statute, or fails from mistake without fault.
Exceptions overruled.