Hubbard v. Sanborn
Superior Court of New Hampshire
Itis a good canse of abating a writ, that it was served by an arrest of the defendant’s body on a day when he was by statute exempted from arrest. This was an action of assumpsit.
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Itis a good canse of abating a writ, that it was served by an arrest of the defendant’s body on a day when he was by statute exempted from arrest. This was an action of assumpsit. The defendant prayed judgment of the plaintiff’s writ, because he was arrested by virtue thereof on Monday the sixth day of November, 1820, in Bath,in this county, being the same day on which a town meeting was holden at said Bath, for the choice of electors of president and vice-president of the United States; he the defendant being then and there an inhabitant of said town of Bath and entitled to vote therein. To…
1Opinion of the CourtRichardson, C. J.
The statute of June 23, 1813, sec. 5, (l)enacts, “ that during the day on which any town meeting “ shall be holden, for the choice of state and county officers, “ representatives to congress, or electors of president and « vice-president of the United States, no inhabitant of any “ town or parish, who is entitled to vote therein, shall be li- “ able to arrest on any civil process whatever,” and the question,which this case presents is,whether it is a sufficient cause to abate the plaintiff’s writ, that it was served by an arrest of the body of the defendant on a day, when he was exempted from…
2Cases cited3 opinions
- Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
- Ray v. HogeboomNew York Supreme Court · 1814
- Secor v. BellNew York Supreme Court · 1820
3Cited by1 opinion
- Hall v. Cook's AdministratorSupreme Court of Alabama · 1840