Osgood v. Norris
Superior Court of New Hampshire
Assumpsit, against Trueworthy Norris, principal, and Joshua Pervere, George Batchelder, and Joshua Marshall, trustees. The defendant pleaded in abatement, that the writ was made by one Enoch Watson, a deputy of the sheriff, and issue was joined on that fact.
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Assumpsit, against Trueworthy Norris, principal, and Joshua Pervere, George Batchelder, and Joshua Marshall, trustees. The defendant pleaded in abatement, that the writ was made by one Enoch Watson, a deputy of the sheriff, and issue was joined on that fact. The parties agreed to submit the case to the decision of the Court upon the affidavit of Watson, the officer, who stated that Mr. Emerson, the plaintiff’s attorney, gave him the writ to be served; that the Christian names of Marshall and Pervere were not in the writ; that Mr. Emerson said he did not know their Christian names, and…
1Opinion of the CourtPerley, J.
In this case the plaintiff’s attorney had made out the writ; it was complete except the Christian names of two trustees ; and the officer was instructed by the plaintiff’s attorney to find out and insert these Christian names ; and this the officer did, pursuant to these instructions. The officer did not originate the writ; he exercised no control over the writ, except in his proper business of serving it. Nothing was intrusted to his discretion; it was not left to him to decide what parties should be sued, or what claim should be made in the suit. He had precise instructions to do a…
2Cases cited3 opinions
- Sullivan v. AlexanderNew York Supreme Court · 1820
- Sloan v. WattlesNew York Supreme Court · 1816
- Hunt v. ViallSupreme Court of Vermont · 1848