Slayton v. Inhabitants of Chester
Massachusetts Supreme Judicial Court
The writ on which this action was founded, bore date April 6, 1808, and was returnable at the term of the Common Pleas then next, viz., on the third Monday in May.
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The writ on which this action was founded, bore date April 6, 1808, and was returnable at the term of the Common Pleas then next, viz., on the third Monday in May. The return of the officer was as follows: “ Hampshire, ss., April 14, 1808. By virtue of this writ, I summoned the inhabitants of Chester, by reading to them the within in their hearing; and I gave a copy of the within to Sylvester Emmons, Esq., one of the principal inhabitants of Chester, for their appearance as the law directs. “ Newcomb Cleveland, Dep. Sheriff.” “ And the said inhabitants come, &c., and pray judgment if they…
1Opinion of the Court
*The defendants joined in demurrer. And the opin- [*479 ' ion of the Court was delivered by
Parsons, C. J.
In this action, the defendants pray judgment it they ought to be held to answer the plaintiff’s writ, because the? say that a copy of it was not left with the clerk, or with one of the *418principal inhabitants of the town, wherefore they pray judgment of the writ, that it may be quashed. To this plea in abatement there is a demurrer for cause; and one of the causes is, that it appears from the return endorsed on the writ, that a copy of it was left with one of the principal inhabitants of…
2Cited by43 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Stewart v. StewartWest Virginia Supreme Court · 1885
- Smoot v. JuddSupreme Court of Missouri · 1904
- Splahn v. GillespieIndiana Supreme Court · 1874
- Bowyer v. KnappWest Virginia Supreme Court · 1879
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