Hanson v. Rowe
Superior Court of New Hampshire
Appeal from a judgment rendered by Aaron Cilley, jr., a justice of the peace. It appeared that the writ was not signed by the proper hand of the magistrate, but on being presented to him for his signature before service, he directed another person to sign it, who, thereupon, in his presence and in pursuance of his said direction, subscribed the name of said Aaron Cilley, jr., to the writ.
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Appeal from a judgment rendered by Aaron Cilley, jr., a justice of the peace. It appeared that the writ was not signed by the proper hand of the magistrate, but on being presented to him for his signature before service, he directed another person to sign it, who, thereupon, in his presence and in pursuance of his said direction, subscribed the name of said Aaron Cilley, jr., to the writ. On the appeal, in the court of common pleas, the defendant submitted a motion that the action be dismissed on the ground that the writ „ was not signed by said Cilley as magistrate.
1Opinion of the CourtWoods, J.
The Provincial Stat. ll William III § 6, (Pro. Laws, 7,) provides that “ writs and processes for trial before a justice of the peace, be granted by such justice, directed unto a constable or constables, and to be executed seven days before the dáy appointed for such trial, and to be returned to the justice.”
The next statute on the subject, that of 1791, provides that “ all writs issuing from any justice of the peace, shall be under seal, signed by the justice, and may be directed to the sheriff, or his deputy, of the county for which such justice is commissioned, or to any constable of any…
2Cases cited1 opinion
- Andover v. GraftonSuperior Court of New Hampshire · 1834