Parker v. Willard
Superior Court of New Hampshire
This was a scire facias brought by the plaintiff against Alpheus Nimms, as bail of Isaac Brown. Pending this writ, Nimms died, and his death was suggested on the record. Lockhart Willard was appointed administrator of Nimms, and, pursuant to the Act Regulating Process and Trials in Civil Causes, passed Feb. 9,1791, ed. 1805, 93, a scire facias was duly served on' Willard, issued from the clerk’s office of the Court of Common Pleas, where the suit was pending.
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This was a scire facias brought by the plaintiff against Alpheus Nimms, as bail of Isaac Brown. Pending this writ, Nimms died, and his death was suggested on the record. Lockhart Willard was appointed administrator of Nimms, and, pursuant to the Act Regulating Process and Trials in Civil Causes, passed Feb. 9,1791, ed. 1805, 93, a scire facias was duly served on' Willard, issued from the clerk’s office of the Court of Common Pleas, where the suit was pending. At May Term, 1806, Willard demurred to the scire facias, and assigned for causes,— 1st. That plaintiff’s action against said Willard…
1Opinion of the Court
The opinion-of the Court was delivered by
Smith, C. J.,
after stating the pleadings.
Three exceptions are taken to the scire facias in this case. *213The second is not warranted in point of fact. The plaintiff does aver that the said Isaac avoided, and that the execution has been returned non est inventus. ~ The same thing may be said as to the third exception. Tire scire facias alleges that Nimms became bail for the said Isaac Brown, in the original process, on the writ aforesaid, not only for the appearance of the said Isaac to answer to said suit, but also to abide the final order or judgment…
2Cases cited11 opinions
- National Bank of Troy v. StantonMassachusetts Supreme Judicial Court · 1875
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
- Gage v. RobinsonOhio Supreme Court · 1843
- Manning v. DrakeMichigan Supreme Court · 1847
- McLellan v. LuntSupreme Judicial Court of Maine · 1837
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