Brackett v. Crooks
Superior Court of New Hampshire
Assumpsit for $200, money bad and received by tbe defendant to tbe plaintiffs5 use before tbe date of tbe writ. Tbe suit was commenced on tbe 18tb of September, 1851, by capias, and on tbe day of tbe date of tbe writ tbe body of the defendant was arrested and held to bail. There was no affidavit on tbe back of tbe writ. Tbe defendant moved to quash tbe writ.
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Assumpsit for $200, money bad and received by tbe defendant to tbe plaintiffs5 use before tbe date of tbe writ. Tbe suit was commenced on tbe 18tb of September, 1851, by capias, and on tbe day of tbe date of tbe writ tbe body of the defendant was arrested and held to bail. There was no affidavit on tbe back of tbe writ. Tbe defendant moved to quash tbe writ. Tbe plaintiffs offered their affidavit, in which it was set forth that the suit was brought to recover tbe amount due upon a promissory note given by tbe defendant to tbe plaintiffs prior to tbe 1st of March, 1841, and that tbe note, not…
1Opinion of the CourtWoods, J.
This action was assumpsit for money had and received by the defendant to the use of the plaintiffs before the date of the writ. Proof of such indebtedness of the defendant, arising either before or after the 1st day of March, 1841, would well maintain the allegations in the declaration. Upon the face of the writ nothing appeared showing that it was improperly issued against the body of the defendant, nor was any such fact shown upon the pleading of the defendant, or upon proof furnished by him to the court. The provision of the statute upon which the defendant relies to sustain his motion to…
2Cases cited2 opinions
- Burnham v. SpoonerSuperior Court of New Hampshire · 1839
- Merrill v. RussellSuperior Court of New Hampshire · 1841
3Cited by1 opinion
- Gilman v. CateSupreme Court of New Hampshire · 1875