Wilson v. Chase
Supreme Judicial Court of Maine
Exceptions from the District Court, Allen J. presiding. Scire facias against the defendant as indorser of a writ in favor of H. P. Hoyt, described as of Calais, against Wilson, in which action the present plaintiff, and then defendant, recovered judgment for costs, at the September Term of the C. C. Pleas, 1835. This writ of scire facias was sued out Feb. 19, 1838. The defendant for one plea, by brief statement, alleged, that no execution was duly and seasonably sued out,…
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Exceptions from the District Court, Allen J. presiding. Scire facias against the defendant as indorser of a writ in favor of H. P. Hoyt, described as of Calais, against Wilson, in which action the present plaintiff, and then defendant, recovered judgment for costs, at the September Term of the C. C. Pleas, 1835. This writ of scire facias was sued out Feb. 19, 1838. The defendant for one plea, by brief statement, alleged, that no execution was duly and seasonably sued out, and seasonable and proper return thereof made of the avoidance, or inability, of Hoyt. On Sept. 30, 1835, Wilson sued out…
1Opinion of the Court
The opinion of the Court was by
Emery J.
As there was no return made by any officer on the several writs of execution, which issued in favor of the plaintiff against Hoyt, the original plaintiff, whose writ the defendant indorsed, until nearly two years after the judgment, the defendant insists that he is thereby relieved from responsibility.
It is not necessary that avoidance and inability of the principal should both concur. If redress be sought properly for either incident, and duly proved, the plaintiff will be entitled to judgment. In Miller v. Washburn, 11 Mass. R. 411, the Court say, ££…
2Cases cited2 opinions
- Ruggles v. IvesMassachusetts Supreme Judicial Court · 1810
- Miller v. WashburnMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Heywood v. BentonSupreme Court of New Hampshire · 1871