Converse v. Damariscotta Bank
Supreme Judicial Court of Maine
ExgeptioNS from the Court of Common Pleas, Redington J. presiding. The ad damnum in the writ exceeded one hundred dollars, and the service was made by a constable. The writ was not tested by one of the Judges in office at the time it was issued, but instead thereof was tbe name of Judge Smith, having then recently resigned. For both these causes the defendants seasonably filed their plea in abatement.
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ExgeptioNS from the Court of Common Pleas, Redington J. presiding. The ad damnum in the writ exceeded one hundred dollars, and the service was made by a constable. The writ was not tested by one of the Judges in office at the time it was issued, but instead thereof was tbe name of Judge Smith, having then recently resigned. For both these causes the defendants seasonably filed their plea in abatement. The plaintiff moved to amend his writ by reducing the ad damnum to one hundred dollars, and by inserting the name of a Judge of the Court in office at the time, in the place of the name of Judge…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Weston C. J.
As the writ originally stood, it would not justify the service, but by amending it, so as to reduce the ad damnum below one hundred dollars, the service might be justified ; and we are of opinion the Judge might allow that amendment. It has been decided that the ad damnum is amendable. McLellan v. Crofton, 6 Greenl. 307. It has been determined, that a constable has no authority to serve process in a civil action, unless it is direct*433ed to him. Wood v. Ross, 11 Mass. R. 271; Brier v. Woodbury & al. 1 Pick. 362. Yet it has been…
2Cases cited2 opinions
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Elliott v. ShermanSupreme Judicial Court of Maine · 1952
- State v. HamiltonSupreme Judicial Court of Maine · 1968
- Bensch v. FarnsworthIndiana Court of Appeals · 1893
- Sparrow & Jacobsky Partnership v. DeGrandpreSupreme Judicial Court of Maine · 1994
- Tachi Sanada v. KuwaseHawaii Supreme Court · 1925