Parsons v. Swett
Supreme Court of New Hampshire
The original writ in this action, dated March 24,1855, was made returnable to the Court of Common Pleas, May term, 1855, and bore the teste of John J. Gilchrist, Esquire. At the first term in the Common Pleas the defendants pleaded in abatement of the writ that it did not bear the teste of the chief, first, or senior justice of that court. To this plea the plaintiff demurred, and the plea was adjudged to be bad on account of defect in form.
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The original writ in this action, dated March 24,1855, was made returnable to the Court of Common Pleas, May term, 1855, and bore the teste of John J. Gilchrist, Esquire. At the first term in the Common Pleas the defendants pleaded in abatement of the writ that it did not bear the teste of the chief, first, or senior justice of that court. To this plea the plaintiff demurred, and the plea was adjudged to be bad on account of defect in form. At the second term in the Common Pleas the defendants moved that the writ be quashed for the same cause that had before been pleaded in abatement, and the…
1Opinion of the CourtPerley, C. J.
The Constitution of New-Hampshire, article 87, provides that “ all writs issuing out of the clerk’s office in any of the courts of law, shall be in the name of the State of New-Hampshire; shall be under the seal of the court whence they issue, and bear the teste of the chief, first, or senior justice of the court, and shall be signed by the clerk of said court.”
Provisions of the Constitution are to be interpreted by the Same rules that are applied in the construction of similar provisions in statutes; and the party that would avail himself of any provision in the Constitution must do it in…
2Cases cited2 opinions
- Fairlie v. MaxwellNew York Supreme Court · 1828
- Trafton v. RogersSupreme Judicial Court of Maine · 1836
3Cited by4 opinions
- Berg v. KelleySupreme Court of New Hampshire · 1991
- Opinion of the JusticesSupreme Court of New Hampshire · 1979
- Peter Macdonald v. Strafford County Sup. Court Tina L. Nadeau Mark E. Howard Town of Lee, NHDistrict Court, D. New Hampshire · 2019
- Sligo Furnace Co. v. LaidleySupreme Court of Missouri · 1921