# Martel v. Inhabitants of Town of Old Orchard

> Supreme Judicial Court of Maine · August 10, 1979 · 404 A.2d 994

URL: https://www.frixlaw.com/law-library/cases/9759371

## Case

- **Full name:** Gertrude M. MARTEL v. INHABITANTS OF the TOWN OF OLD ORCHARD BEACH
- **Court:** Supreme Judicial Court of Maine
- **Decided:** August 10, 1979
- **Citations:** 404 A.2d 994; 1979 Me. LEXIS 714
- **Precedential status:** Published
- **Opinion:** Dissent by Godfrey
- **Judges:** McKusick, Pomer-Oy, Archibald, Delahanty, Nichols, Wernick
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9759371

## Opinion text

*999 GODFREY, Justice,
dissenting.
I see no error by the Superior Court. The judge gave plaintiff an opportunity to change venue, and she did not avail herself of it. Plaintiff has offered no excuse for her failure to act after she was told to take her action to York County within ten days or have her case dismissed. I do not understand why that was not an entirely correct way of handling the problem in view of the fact that our rules and statutes provide no express mechanism to effect transfer of venue.
The Superior Court’s disposition of the matter had at least the virtue of giving plaintiff an incentive to remove her case expeditiously after she found her action had been brought in the wrong county. I see no such incentive in the rule adopted by the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759371. Public record. Not legal advice.