Brackett v. Bartlett
Superior Court of New Hampshire
Trover. The defendant pleaded the general issue, and filed a brief statement setting forth that the plaintiff was not administrator at the commencement of the suit, and other-matters of defence.
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Trover. The defendant pleaded the general issue, and filed a brief statement setting forth that the plaintiff was not administrator at the commencement of the suit, and other-matters of defence. The writ was dated March 3, 1846, and the suit was entered at the August term, 1846, of the court of common pleas, and continued from term to term to the January term, 1848. In the original writ, the plaintiff is described as of the State of Maine, where he has always lived, and still lives, and the writ was indorsed “ I. G. Jordan, attorney of the,plaintiff.” Letters of administration were duly…
1Opinion of the CourtWoods, J.
The provisions of the Revised Statutes, ch. 163, §10, derived from an ancient and established practice of courts of chancery, (Humphreys v. Humphreys, 3 P. W. 349; Goodrich v. Pendleton, 4 S. C. Rep. 549,) enabled the plaintiff, who sued as administrator before having been accredited as such in this State, to prosecute his suit, if, after having taken out letters, he had, at the first or second term of the court, indorsed the writ; and the question first arising is, whether the writ was indorsed by him. The plaintiff, living out of the State, was not a sufficient indorser at the time the…
2Cases cited3 opinions
- Pettingill v. McGregorSuperior Court of New Hampshire · 1841
- Woodes v. DennettSuperior Court of New Hampshire · 1837
- Savage v. RixSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Briggs v. WiswellSupreme Court of New Hampshire · 1876