Wendell v. Moulton
Superior Court of New Hampshire
Writ or Entry, for a tract of land in Lyman. The writ was a writ of attachment. The declaration alleged, that the demandants, in their capacity and right of administrators, were seized in fee within twenty years, and that the defendant disseized them. Plea in abatement, enrolling the writ, return and summons.
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Writ or Entry, for a tract of land in Lyman. The writ was a writ of attachment. The declaration alleged, that the demandants, in their capacity and right of administrators, were seized in fee within twenty years, and that the defendant disseized them. Plea in abatement, enrolling the writ, return and summons. The latter described the demandants as administrators, and the action as a plea of land, wherein the plaintiffs demanded the tract of land, but contained nothing farther to show what seizin the plaintiffs relied on, and no allegation of an averment that the defendant disseized them. The…
1Opinion of the CourtParker, C. J.
The statute of January 2, 1829, which is applicable to this case, enacts, among other things, that the summons shall set forth the sum in the note or bond declared on, &c., and “shall briefly give the same information to the defendant, which the declaration gives more at large, and shall contain the substance thereof;” otherwise the writ shall abate. N. H. Laws (Ed. 1830) 92. Whether this is a wise provision or not, it does not belong to us to determine. It is sufficient that the language of the statute is imperative ; to which it might be added, that the legislature have seen fit to adhere…
2Cases cited2 opinions
- Knowles v. RowellSuperior Court of New Hampshire · 1837
- Town of Stoddard v. CockranSuperior Court of New Hampshire · 1833