Kinne v. Hinman
Supreme Court of New Hampshire
Motion, to quash a writ on the ground that the blank was filled by a person not the plaintiff, not an attorney, not a citizen, not of good character, and not authorized by the rules of court to receive or use blank writs.
1Opinion of the CourtDoe, C. J.
The filling of a writ by one who is not an attorney, is not cause for dismissing the action. Stevens v. Fuller, 55 N. H. 443. An effort is made to prevent the abuse against which the practice of issuing blank writs needs to be guarded (Eastman v. Morrison, 46 N. H. 136, 137) by a rule of court prescribing to what persons the clerks shall not deliver blank writs ; for what actions blanks, delivered upon special receipts, may be filled; and by whom attorneys may suffer blank writs to be used. And this rule is enforcible, by proper proceedings, against those who violate it. If it was violated in…
2Cases cited1 opinion
- Stevens v. FullerSupreme Court of New Hampshire · 1875