Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Maine opinions name it 2 courts 1955–2023 1 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Berry v. Daiglegreen1 sentence2023See e.g., Talbot v. Town of Wesley, 116 Me. 208, 210-11 , 100 A. 937, 937-38 (1917) (dismissing an abatement action because the tax was on an estate and therefore void); Berry, 322 A.2d at 324-25 (stating that the avenue for redress when the claim is that the tax is unconstitutional is through a declaratory judgment, not an abatement). 15 [¶29] The concept of a claim challenging the entirety of a tax as properly pursued through a declaratory judgment action as opposed to the abatement process has also lingered. | 1 | 1 |
Talbot v. Inhabitants of Wesleygreen2 sentences2023See e.g., Talbot v. Town of Wesley, 116 Me. 208, 210-11 , 100 A. 937, 937-38 (1917) (dismissing an abatement action because the tax was on an estate and therefore void); Berry, 322 A.2d at 324-25 (stating that the avenue for redress when the claim is that the tax is unconstitutional is through a declaratory judgment, not an abatement). 15 [¶29] The concept of a claim challenging the entirety of a tax as properly pursued through a declaratory judgment action as opposed to the abatement process has also lingered. 2023See e.g., Talbot v. Town of Wesley, 116 Me. 208, 210-11 , 100 A. 937, 937-38 (1917) (dismissing an abatement action because the tax was on an estate and therefore void); Berry, 322 A.2d at 324-25 (stating that the avenue for redress when the claim is that the tax is unconstitutional is through a declaratory judgment, not an abatement). 15 [¶29] The concept of a claim challenging the entirety of a tax as properly pursued through a declaratory judgment action as opposed to the abatement process has also lingered. | 1 | 1 |
cluster 599314green1 sentence2016See, e.g., Brumbaugh v. Princeton Partners, 985 F.2d 157, 162 (4th Cir.1993) (“The ... standard of due diligence requires reasonable investigation of the possibility of misrepresentation once an individual has been placed on inquiry notice of wrongdoing.”); L.C.L. | 1 | 1 |
Ruth v. Industrial Commissiongreen2 sentences1979For example, in Ruth v. Industrial Commission, 107 Ariz. 572 , 490 P.2d 828, 830 (1971) the Supreme Court of Arizona reasoned: This [estoppel principle], however, is not a rule requiring unconditional adherence. 1979For example, in Ruth v. Industrial Commission, 107 Ariz. 572 , 490 P.2d 828, 830 (1971) the Supreme Court of Arizona reasoned: This [estoppel principle], however, is not a rule requiring unconditional adherence. | 1 | 1 |
Carey v. Cyrgreen2 sentences1967In Carey v. Cyr and Denico, 150 Me. 405, 407 , 113 A.2d 614, 616 (1955), we accepted as a correct statement of the rule the language of the Missouri court, which we quoted: “The basis of the rule sought to be invoked is that one may not have the aid of the courts upon two contradictory principles or theories based upon one and the same set of facts. * * * ‘The basic concept of the doctrine of election is that a party shall not be permitted to insist at different times upon the truth of two inconsistent and repugnant positions, according to the promptings of his own interest, as to first affirm 1967In Carey v. Cyr and Denico, 150 Me. 405, 407 , 113 A.2d 614, 616 (1955), we accepted as a correct statement of the rule the language of the Missouri court, which we quoted: “The basis of the rule sought to be invoked is that one may not have the aid of the courts upon two contradictory principles or theories based upon one and the same set of facts. * * * ‘The basic concept of the doctrine of election is that a party shall not be permitted to insist at different times upon the truth of two inconsistent and repugnant positions, according to the promptings of his own interest, as to first affirm | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Myers v. Ross
green
2 sentences1967In Carey v. Cyr and Denico, 150 Me. 405, 407 , 113 A.2d 614, 616 (1955), we accepted as a correct statement of the rule the language of the Missouri court, which we quoted: “The basis of the rule sought to be invoked is that one may not have the aid of the courts upon two contradictory principles or theories based upon one and the same set of facts. * * * ‘The basic concept of the doctrine of election is that a party shall not be permitted to insist at different times upon the truth of two inconsistent and repugnant positions, according to the promptings of his own interest, as to first affirm 1955C., 10 F. Supp. 409, 411 .” We do not think the limitations upon the application of the doctrine imposed in such cases as Wyman v. Bowman, 71 Me. 121 ; Clark v. Heath, 101 Me. 530 ; and Marsh Bros. & Co. v. Bellefleur, 108 Me. 354 , apply here upon the facts before us. | 2 | 1955–1967 |
Kobritz v. Severance
green
2 sentences2018Pursuant to section 859, the statute of limitations begins to run "when the existence of the cause of action or fraud is discovered or should have been discovered by the plaintiff in the exercise of due diligence and ordinary prudence." Kobritz v. Severance, 2007 ME 3 , ~ 13, 912 A.2d 1237 . 9 The Law Court has employed the concept of inquiry notice when determining whether a plaintiff exercised reasonable diligence in discovering fraud. 2018Pursuant to section 859, the statute of limitations begins to run "when the existence of the cause of action or fraud is discovered or should have been discovered by the plaintiff in the exercise of due diligence and ordinary prudence." Kobritz v. Severance, 2007 ME 3 , ~ 13, 912 A.2d 1237 . 9 The Law Court has employed the concept of inquiry notice when determining whether a plaintiff exercised reasonable diligence in discovering fraud. | 1 | 2018–2018 |
Westman v. Armitage
green
1 sentence2016Id. [¶27] Many other courts employ the same concept of inquiry notice that we used in Westman to define the standard of diligence that is sufficient to prevent the commencement of the limitations period on a fraud claim. | 1 | 2016–2016 |
Wyman v. Bowman
neutral
1 sentence1955C., 10 F. Supp. 409, 411 .” We do not think the limitations upon the application of the doctrine imposed in such cases as Wyman v. Bowman, 71 Me. 121 ; Clark v. Heath, 101 Me. 530 ; and Marsh Bros. & Co. v. Bellefleur, 108 Me. 354 , apply here upon the facts before us. | 1 | 1955–1955 |
Clark v. Heath
green
1 sentence1955C., 10 F. Supp. 409, 411 .” We do not think the limitations upon the application of the doctrine imposed in such cases as Wyman v. Bowman, 71 Me. 121 ; Clark v. Heath, 101 Me. 530 ; and Marsh Bros. & Co. v. Bellefleur, 108 Me. 354 , apply here upon the facts before us. | 1 | 1955–1955 |
Marsh Bros. & Co. v. Bellefleur
green
1 sentence1955C., 10 F. Supp. 409, 411 .” We do not think the limitations upon the application of the doctrine imposed in such cases as Wyman v. Bowman, 71 Me. 121 ; Clark v. Heath, 101 Me. 530 ; and Marsh Bros. & Co. v. Bellefleur, 108 Me. 354 , apply here upon the facts before us. | 1 | 1955–1955 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.