Sawtelle v. Wardwell
Supreme Judicial Court of Maine
On Exceptions. Assumpsit upon two promissory notes given by the defendant, a resident of Oxford, in this county, to the plaintiffs, residents of Boston, Mass. The writ was drawn by Josiah II. Drummond, a counsellor of this Court, residing in Portland. On the back of the writ were the words:—"From the office of Drummondthe first four words being printed, and the word Drummond having been written by the said J. H. Drummond, prior to the entry of the writ.
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On Exceptions. Assumpsit upon two promissory notes given by the defendant, a resident of Oxford, in this county, to the plaintiffs, residents of Boston, Mass. The writ was drawn by Josiah II. Drummond, a counsellor of this Court, residing in Portland. On the back of the writ were the words:—"From the office of Drummondthe first four words being printed, and the word Drummond having been written by the said J. H. Drummond, prior to the entry of the writ. On the second day of the return term, the defendant’s counsel appeared and filed a written motion to abate the writ, alleging, for a cause,…
1Opinion of the CourtDanfoetii, J.
The only question raised in this case, is as to the sufficiency of the indorsement of the writ, and it is admitted that it is properly indorsed as required by law in all respects, except as to the signature used. In this respect the surname only is put upon the back of the writ, while it is contended that there should be both surname and Christian name. The early provincial statute provided, that the surname should be sufficient. Subsequently it was changed and the Christian name was also required. Still later, another change was made and the statute adopted as it now stands, simply…
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