Morse v. Calley
Superior Court of New Hampshire
This was,an action of assumpsit, and was submitted to the decision of the court upon the following' facts. The writ in this case was served by one Tobias Rick-er, who had a general deputation under the hand and seal of the sheriff of this county, who had taken and subscribed the oath of office, and who had caused the said deputation to be recorded.
Read the full summary
This was,an action of assumpsit, and was submitted to the decision of the court upon the following' facts. The writ in this case was served by one Tobias Rick-er, who had a general deputation under the hand and seal of the sheriff of this county, who had taken and subscribed the oath of office, and who had caused the said deputation to be recorded. Ricker was stated in the deputation to be of Parsonsfield, in the county of York, and State of Maine, where he has always resided, and lmd his home, and has at no time been, an inhabitant of tins county. It was agreed, that if Ricker could, by…
1Opinion of the Court
By the court.
The question intended to be submitted to our decision in this case, cannot be decided in this shape. All defects in the service of a writ, which are not apparent on the face of the record, are cured by an appearance, unless exception is taken to the service by a regular plea in abatement. 4 N. H. Rep. 142, Tilton v. Parker.
The manner in which the question, intended to be raised in this case, is brought before us is altoget her irregular. It does not appear, that any plea in abatement has been filed in the case, and we are of opinion that we cannot be called upon to decide,…
2Cases cited3 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Moore v. GravesSuperior Court of New Hampshire · 1826
- Tilton v. ParkerSuperior Court of New Hampshire · 1827
3Cited by7 opinions
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Jacobs v. StevensSupreme Court of New Hampshire · 1876
- Lisbon v. BowSuperior Court of New Hampshire · 1839
- Bixby v. HarrisSuperior Court of New Hampshire · 1852
- Merrill v. PalmerSuperior Court of New Hampshire · 1842
2 more not listed; retrieve them via the Exa API.