Chadbourne v. Hodgdon
Superior Court of New Hampshire
THIS was a scire facias against the defendant, as endorser of a writ in favor of one Little, an inhabitant of this state.
Read the full summary
THIS was a scire facias against the defendant, as endorser of a writ in favor of one Little, an inhabitant of this state. The scire facias was dated February 4th, 1818, and among other things alleged that in February, 1817, in the action by Little, judgment was rendered for the present plaintiff, who was there the defendant — that the 12th of February, 1817, he sued out an execution on said judgment, returnable at the ensuing September term : and that July 28th, 1817, it was returned non est inventus, •To this scire facias a special demurrer was filed, for the following causes : 1. The…
1Opinion of the CourtWoodbury, J.
This scire facias is founded on the 7th section of our statute of September, 1792, “for regulating process and trials in civil causes.,: — N. LI. Laics, 100.
The latter part of this section provides, that the person who shall endorse a writ for the plaintiff “ shall be liable in “ case of the plaintiff’s living out of the state, or upon the “ neglect, inability or avoidance of the plaintiff, and return “ of non est inventas ; or that such execution as may have “ issued against the plaintiff is unsatisfied, to pay the defend- “ ant all such costs as he shall recover, <fcc. on scire facias - to…
2Cases cited2 opinions
- Heywood v. HildrethMassachusetts Supreme Judicial Court · 1812
- Slingerland v. SwartNew York Supreme Court · 1816
3Cited by1 opinion
- Blaisdell v. SheafeSuperior Court of New Hampshire · 1830