Dearborn v. Twist
Superior Court of New Hampshire
In this case, the plaintiffs’ counsel had taken, in order to make out his writ, a blank, signed by the clerk of the court of common picas, and intended to he used for a writ to be issued by that court ; but the same person who signed the blank, was clerk of Ibis court at the time the writ of the plaintiffs issued.
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In this case, the plaintiffs’ counsel had taken, in order to make out his writ, a blank, signed by the clerk of the court of common picas, and intended to he used for a writ to be issued by that court ; but the same person who signed the blank, was clerk of Ibis court at the time the writ of the plaintiffs issued. There was a seal ed to the writ, but it was not the seal commonly affixed to the writs of this court. moved the court to quash the writ, because the piece of paper, attached to the writ by a wafer, bearing no mark, impression or device, whatever, tending to shew that it was attached…
1Opinion of the Court
By the court.
According to a long established usage in this state, the clerks of the courts prepare, what are usually called, blank writs ; to which, they affix the seal of the court and their own signature, and then deliver them to the attornies of the court, who use them, for the commencement of actions, by filling up the blanks, inserting the names and additions of the parties, the time of the sitting of the court to which they are to be returned, the declaration, teste, &c. This usage has been-found very convenient in practice, and has been attends cd with very few inconveniences. But,…
2Cases cited2 opinions
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Sullivan v. AlexanderNew York Supreme Court · 1820
3Cited by1 opinion
- Ames v. WestonSupreme Judicial Court of Maine · 1839