Jacobs v. Mellen
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced at the Court of Common Pleas in Boston, April term, 1816. The plaintiffs, and Robert Sáfford, who was summoned as one of the trustees, are described in the writ as of Boston; the defendant Mellen is named of Keene, in the state of New Hampshire; and the other two trustees, Wheeler If Gay, are said to be of Cambridge, in the county of Middlesex. The three trustees were duly summoned ; but there was no other service on the defendant.
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This was an action of assumpsit, commenced at the Court of Common Pleas in Boston, April term, 1816. The plaintiffs, and Robert Sáfford, who was summoned as one of the trustees, are described in the writ as of Boston; the defendant Mellen is named of Keene, in the state of New Hampshire; and the other two trustees, Wheeler If Gay, are said to be of Cambridge, in the county of Middlesex. The three trustees were duly summoned ; but there was no other service on the defendant. The defendant Mellen pleaded, in abatement, that Safford, at the time of the service of the writ, and long before and…
1Per curiam
We have not found it necessary to examine the record, to ascertain whether there was any thing peculiar in the order for the amendment, as suggested by the defendant, or at what time the amendment was made; because, in any event, the writ must be abated.
If.the name of Safford, as one of the trustees, was properly struck out, the writ must be considered in the same light as if his name had never been introduced; and, in that case, the Court must have abated the writ ex officio. The statute is peremptory, that, when all the trustees dwell in one county, the writ shall be made returnable there.…
2Cases cited1 opinion
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
3Cited by9 opinions
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
- Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890
- Cousens v. LovejoySupreme Judicial Court of Maine · 1889
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