Wason v. Martel
Supreme Court of New Hampshire
Assumpsit, to enforce a lien on a lot of brick, for wood furnished to burn the same. Pacts agreed. The precept in the writ was as follows : “ We command you to attach one million brick of the goods or estate of A. Martel of Brentwood in the county of Rockingham for the purpose and in order to secure and perpetuate a lien thereon for the plaintiff for wood furnished to the defendant with which said brick were burned.”
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Assumpsit, to enforce a lien on a lot of brick, for wood furnished to burn the same. Pacts agreed. The precept in the writ was as follows : “ We command you to attach one million brick of the goods or estate of A. Martel of Brentwood in the county of Rockingham for the purpose and in order to secure and perpetuate a lien thereon for the plaintiff for wood furnished to the defendant with which said brick were burned.” The attachment was regularly made by leaving an attested copy of the writ with the town clerk of Brentwood, November 5, 1896. The writ was dated October 30, 1895, and was made…
1Opinion of the CourtBlodgett, J.
Irrespective of other objections which it is unnecessary to consider, it is enough to say that if the plaintiff’s requests should be granted it would not avail him.
The attachment precept is fatally defective as against the opposing creditors. In order to preserve a lien, it is necessary that the precept should clearly identify or describe the property intended to be charged, or at least, as definitely as the nature of the case will reasonably admit. Hill v. Callahan, 58 N. H. 497, 499; Mundy v. Munson, 40 Hun 304, 308; Drake v. Taylor, 6 Blatchf. 14; Kennedy v. House, 41 Pa. St. 39,—80 Am.…
2Cases cited2 opinions
- Stevens v. OsmanMichigan Supreme Court · 1848
- Drake v. TaylorU.S. Circuit Court for the District of Southern New York · 1867
3Cited by2 opinions
- Ferns v. American Moore Peg Co.Supreme Court of New Hampshire · 1924
- Mathers v. ConnellySupreme Court of New Hampshire · 1948