Ripley v. Inhabitants of Harmony
Supreme Judicial Court of Maine
On exceptions by the defendant. This is an action of assumpsit on an account annexed to the writ to recover the sum of five hundred and twenty-three dollars. The action was commenced against the town with a writ of summons and attachment, and the property of said town attached thereon.
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On exceptions by the defendant. This is an action of assumpsit on an account annexed to the writ to recover the sum of five hundred and twenty-three dollars. The action was commenced against the town with a writ of summons and attachment, and the property of said town attached thereon. On the entry day of said action, the defendant filed a motion to dismiss said action on the ground that said writ should have been one of original summons only, .instead of one of summons and attachment combined. The presiding Justice overruled the motion to dismiss and the defendant excepted. The case is…
1Opinion of the CourtSavage, C. J.
This action against a town was commenced with a writ of summons ,and attachment, that is, the will commanded the officer to attach the property of the defendant, and to summon it to appear. The defendant seasonably filed a motion to dismiss, on the *92ground that the writ should have been one of original summons only, and not of summons and attachment combined. The motion to dismiss was overruled, and the defendant excepted. The question -is of no practical importance, because if the writ is faulty, as claimed, it is amendable, under our statute o'f amendments, R. ¡S-, ch. 84, sect. 10, by…
2Cases cited1 opinion
- A. L. & E. F. Goss Co. v. GreenleafSupreme Judicial Court of Maine · 1904
3Cited by3 opinions
- Reid Development Corp. v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1952
- Crownhill Homes, Inc. v. City of San AntonioCourt of Appeals of Texas · 1968
- Crownhill Homes, Inc. v. City of San AntonioCourt of Appeals of Texas · 1968