Galusha v. Cobleigh
Superior Court of New Hampshire
Error, brought to reverse a judgment rendered in the county of Grafton, on the fourth Tuesday of May, 1824, in favor of Cobleigh against the present plaintiff. The error assigned was, that there was no personal service on the original defendant.
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Error, brought to reverse a judgment rendered in the county of Grafton, on the fourth Tuesday of May, 1824, in favor of Cobleigh against the present plaintiff. The error assigned was, that there was no personal service on the original defendant. The officer returned a nominal attachment of property, and also that he left a summons at Lyman, in the state of New-Hampshire, at the last and usual place of abode of the defendant : whereas the plaintiff in error alleges that he was then, and for a long time before, and until long after the rendition of judgment, an inhabitant of the state of…
1Opinion of the CourtUpham, J.
This case comes before us on special demurrer to the plaintiff’s replication.
*83The first exception taken is, that it is double, as it alleges several distinct causes of delay in not sooner prosecuting the writ of error. These allegations are that the plaintiff, at the time of the rendition of the original judgment, and until within three years next before the suing out the writ of error, was not a resident of the state of New-Hampshire, but that he was during that time a resident of the state of New-York, and had no notice of the original judgment. These are several distinct facts ; they…
2Cases cited7 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Murray's Lessee v. BakerSupreme Court of the United States · 1818
- Orrok v. OrrokMassachusetts Supreme Judicial Court · 1805
- The Bank of Alexandria, in Error v. Edward and Francis Dyer, in ErrorSupreme Court of the United States · 1840
- Brown v. DavisSuperior Court of New Hampshire · 1837
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3Cited by1 opinion
- Messer v. BaileySuperior Court of New Hampshire · 1855