Nelson v. Swett
Superior Court of New Hampshire
This was an action of trespass. The defendant having craved oyer of the writ and declaration, and prayed that the summons, which was given to him by the officer, who served the writ in this suit, at the time of the service thereof, might be enrolled, prayed judgment of the plaintiff’s writ, and that the same might abate because “the summons aforesaid delivered to him by the officer, who served said writ when his the defendant’s goods and estate were attached at the…
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This was an action of trespass. The defendant having craved oyer of the writ and declaration, and prayed that the summons, which was given to him by the officer, who served the writ in this suit, at the time of the service thereof, might be enrolled, prayed judgment of the plaintiff’s writ, and that the same might abate because “the summons aforesaid delivered to him by the officer, who served said writ when his the defendant’s goods and estate were attached at the plaintiff’s said suit, did not contain the substance of the plaintiff’s said writ, in this to wit, that by said writ the…
1Opinion of the CourtRichardson, C. J.
The question, which this cause, presents for our decision, is to be settled by recurring to the statute of February 9, 1791, sec. 8, the second and third paragraphs of which section are as follows :—
“ And when the goods or estate of any person shall be attached at the suit of another, in any civil action, a summons in form of law, as is prescribed, shall be delivered to the party, whose goods or estate are attached, or left at his or her dwelling house, or last and usual place of abode, fifteen days before the day of the sitting of the court, to which such writ of attachment is returnable.”
“…
2Cases cited1 opinion
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Smith v. Atlantic Mutual Fire InsuranceSuperior Court of New Hampshire · 1850
- Tucker v. PerleySuperior Court of New Hampshire · 1831
- Baker v. BrownSuperior Court of New Hampshire · 1847
- Dinsmore v. PendexterSuperior Court of New Hampshire · 1853
- Pitman v. PerkinsSuperior Court of New Hampshire · 1853
1 more not listed; retrieve them via the Exa API.