Farley v. Day
Superior Court of New Hampshire
Appeal from the judgment of a. justice of the peace. The writ was served by an attachment of the real estate of the defendant,, and by giving him a summons. Before the magistrate the defendant moved, and renewed the motion in the court of common pleas, that the writ be quashed for want of legal service upon him ; but the court denied the-motion. The plaintiff is an inhabitant of Vermont.
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Appeal from the judgment of a. justice of the peace. The writ was served by an attachment of the real estate of the defendant,, and by giving him a summons. Before the magistrate the defendant moved, and renewed the motion in the court of common pleas, that the writ be quashed for want of legal service upon him ; but the court denied the-motion. The plaintiff is an inhabitant of Vermont. The defendant pleaded in abatement that there was no responsible indorser of the writ in this State, as required by law, and in support of his plea offered evidence as to the pecuniary ability of the…
1Opinion of the CourtGilchrist, C. J.
The writ in this case was returnable before a justice of,the peace, and the service was by attachment of the real estate of the defendant. This point was settled by this court in the case of Everett v. Evans, decided *531in the county of Grafton, at the December term, 1848. A justice writ was served by an attachment of the real estate of the defendant, and the justice decided that it should be quashed; and upon the question being transferred to this court it was held that there had been no legal service of the writ, and judgment was rendered for the defendant. In the present case, the ruling of…
2Cases cited2 opinions
- Tilton v. ParkerSuperior Court of New Hampshire · 1827
- Jones v. SmithSuperior Court of New Hampshire · 1824