Jones v. Smith
Superior Court of New Hampshire
This was a writ of error, brought to reverse a judgment of this court, rendered here at April term, 1822, in favor of Smith against Jones, for $262,29 damage, and $14,34 costs of suit.
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This was a writ of error, brought to reverse a judgment of this court, rendered here at April term, 1822, in favor of Smith against Jones, for $262,29 damage, and $14,34 costs of suit. H appeared by the record, that the original writ was tested the 14th August, 1820, and the sheriff’s return upon it was as follows :— *"• Hillsborough, August. 19, 1820. By virtue of this writ, • P. P. Deputy Sheriff” The cause was entered in the Common Pleas here, September term, 1820, and was by statute transferred to this court, and entered here April term, 1821, and continued to April term, 1822 ; when…
1Opinion of the CourtRichahosox, J.
The question to be decided in this case is, whether the original writ was so served as to warrant the rendition of a judgment against the plaintiff in error ? The decision of this question depends upon the construction to be given to the statute of February 9, 1791, entitled, “ an act regulating “ process and trials in civil causes.” The eighth section of that statute provides, that “ when the goods or estate of any “ person shall be attached, &c. a summons, &c. shall be delivered to the party, whose goods or estate are attached, “ or left at his or her dwelling house, or last and usual place…
2Cited by2 opinions
- Galusha v. CobleighSuperior Court of New Hampshire · 1842
- Farley v. DaySuperior Court of New Hampshire · 1853