Bruce v. Cloutman
Supreme Court of New Hampshire
Debt on a judgment in favor of the plaintiff against the defendant, rendered in the Court of Common Pleas, in this county, April Term, 1848. The original writ was against Samuel Stevens, as principal, and said Cloutman as trustee. As to the principal defendant, who was described as late of Mount Yernon, in this county, the writ was returned non est inventus, the return also stating that he was not an inhabitant of the State.
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Debt on a judgment in favor of the plaintiff against the defendant, rendered in the Court of Common Pleas, in this county, April Term, 1848. The original writ was against Samuel Stevens, as principal, and said Cloutman as trustee. As to the principal defendant, who was described as late of Mount Yernon, in this county, the writ was returned non est inventus, the return also stating that he was not an inhabitant of the State. As to the trustee the return was, that service was made on him by leaving " at his dwelling house, in Mount Yernon, a true and attested copy of this writ, together with a…
1Opinion of the CourtBartlett, J.
Under the pleadings the plaintiff cannot recover, if *38the judgment, on which he relies, is upon its face void as against this defendant; but if not thus void, it will, though erroneous, entitle the plaintiff to recover, as it has not been reversed or set aside. The record shows no actual notice in the original suit to the principal defendant or Clout-man ; and there was no service upon, or appearance by, the former, who was not an inhabitant of this State, nor was his property attached unless by the service upon Cloutman, who was summoned as his trustee, and consequently the judgment would be…
2Cases cited7 opinions
- Harris v. HardemanSupreme Court of the United States · 1853
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Farnsworth v. BellTennessee Supreme Court · 1848
- Granger v. ClarkSupreme Judicial Court of Maine · 1842
- Trustees of the Caledonia County Grammar School v. BurtSupreme Court of Vermont · 1839
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