Legal Opinion

Chase v. Gilman

Supreme Judicial Court of Maine

Decided June 15, 1838PublishedCited by 1 opinion

Exceptions from the Court of Common Pleas. Scire facias against the defendant, as indorser of a writ-in favor of one George M. Nichols against the present plaintiff. The brief statement of tile defence was, that there was not any such execution, as was described in the declaration, and that no such ^execution was placed in the hands of an officer to serve according to law.

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Exceptions from the Court of Common Pleas. Scire facias against the defendant, as indorser of a writ-in favor of one George M. Nichols against the present plaintiff. The brief statement of tile defence was, that there was not any such execution, as was described in the declaration, and that no such ^execution was placed in the hands of an officer to serve according to law. The plaintiff produced the record of a judgment in his favor, for costs, against Nichols, at the May term of the Court of Common Pleas, 1835, and proved the hand-writing of the defendant, as indorser of the -writ, and also…

1Opinion of the Court

The case was continued for advisement, and the opinion was afterwards drawn up 'by

Weston C. J.

The misrecital in the execution, of the term at which judgment was recovered, was a misprision of the clerk. There is a record to amend by; and it is competent for the Court to permit it to be amended. Wright v. Wright, 6 Greenl. 415. That a writ of execution, being a judicial process, may be amended, appears from the cases cited for the plaintiff; and among others, from Sawyer v. Baker, 3 Greenl. 29, decided by this Court.

The term of the Common Pleas, at which judgment was rendered, was holden on…

2Cases cited1 opinion

  1. Ruggles v. IvesMassachusetts Supreme Judicial Court · 1810

3Cited by1 opinion

  1. Downer v. BattlesSupreme Court of Vermont · 1931

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