Stowell v. Hooper
Supreme Judicial Court of Maine
On exceptions by defendant. An action on the case for negligence. At the return term, the defendant made special appearance, and seasonably filed a plea in abatement, because of an alleged insufficient service of the writ, to which plea the plaintiff filed a demurrer after filing a motion tó strike from the files the plea in abatement. The presiding Justice denied the motion, and adjudged the service sufficient, to which rulings the defendant took exceptions.
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On exceptions by defendant. An action on the case for negligence. At the return term, the defendant made special appearance, and seasonably filed a plea in abatement, because of an alleged insufficient service of the writ, to which plea the plaintiff filed a demurrer after filing a motion tó strike from the files the plea in abatement. The presiding Justice denied the motion, and adjudged the service sufficient, to which rulings the defendant took exceptions. The case is fully stated in the opinion.
1Opinion of the CourtDeasy, J.
The defendant’s case is based on the mistaken theory that a writ of capias or attachment whereon an attachment has been *153made must be served not by summons but by reading or copy like a writ of original summons.
The presiding Justice properly ruled that the service by summons was correct — R. S., Chap. 86, Sec. 17. Moreover the plea in abatement is defective in form.
The defendant’s exceptions are, however, brought to the court prematurely. In effect though not in terms the court sustained a demurrer to- a plea in abatement. This leads to the judgment of respondeat ouster. McKean v. Parker, 51…
2Cases cited3 opinions
- Alexander v. de KermelCourt of Appeals of Kentucky · 1883
- Williams' administrator v. McClanahanCourt of Appeals of Kentucky · 1861
- Cravens v. BryantSupreme Court of Alabama · 1842
3Cited by6 opinions
- White v. SchofieldSupreme Judicial Court of Maine · 1957
- Hutchins v. LibbySupreme Judicial Court of Maine · 1953
- Estabrook v. Ford Motor Co.Supreme Judicial Court of Maine · 1940
- State v. MelansonSupreme Judicial Court of Maine · 1956
- State v. MelansonSupreme Judicial Court of Maine · 1956
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