Donna v. City of Auburn

2 Citing cases

  1. Shorette v. State

    402 A.2d 450 (Me. 1979)   Cited 13 times
    Discussing a verification statute analogous to Nevada's

    Fogg v. Fogg, 31 Me. 302 (1850); Englebrecht v. Development Corporation for Evergreen Valley, Me., 361 A.2d 908 (1976). See also Donna v. City of Auburn, 148 Me. 356, 93 A.2d 484 (1952). In this case, it is obvious beyond doubt that the facts asserted by the affiant in his petition for post conviction habeas corpus relief were all within his personal knowledge.

  2. Clappison v. Foley

    148 Me. 492 (Me. 1953)   Cited 7 times
    Noting that where the complaint does not demonstrate evidence of a fiduciary relationship, but instead only conventional business dealings, the motion to dismiss must be granted

    The demurrer admits the truth of all factual allegations which are well pleaded. Whitehouse, Equity, 357, Sec. 321; Donna v. Auburn, 148 Me. 356, 93 A.2d 484. The causes of demurrer alleged against the original process were both general and special. There were allegations in the demurrer that a court of equity had no power, on the alleged facts, to grant the relief sought; that the bill contained no equity, and had failed to state a case remediable therein, or one within the jurisdiction of such a court; that the claims sought to be asserted were barred by laches, and by the Statute of Limitations. The sitting justice sustaining the demurrer expressly declared "I do not place my decision upon the claim of laches urged by the defendants" and made no mention of the other special causes of demurrer.