Wadleigh v. Pillsbury
Superior Court of New Hampshire
Assumpsit. The defendant, at the August term of the court of common pleas, 1842, pleaded in abatement that, before the service of the plaintiff’s writ on him, to wit, July 27, 1842, he was summoned as trustee of the plaintiff at the suit of one William Brown, Jr., for a just demand of said Brown; that the process is still pending in the court of common pleas for the county of Rockingham, and the defendant not discharged, but remaining liable in said suit for all the money,…
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Assumpsit. The defendant, at the August term of the court of common pleas, 1842, pleaded in abatement that, before the service of the plaintiff’s writ on him, to wit, July 27, 1842, he was summoned as trustee of the plaintiff at the suit of one William Brown, Jr., for a just demand of said Brown; that the process is still pending in the court of common pleas for the county of Rockingham, and the defendant not discharged, but remaining liable in said suit for all the money, goods, &c., of the plaintiff in his hands or possession at the time of the service of Brown’s process upon him. He then…
1Opinion of the CourtParker, C. J.
We are of opinion that the demurrer to the replication is well taken. It is evidently double. It attempts to avoid the plea, in the first place, by an allegation that the plaintiff’s suit was instituted the day previous to the service of the trustee writ. Whether the allegation contains matter enough to show that the plaintiff had proceeded so far with his suit that it was entitled to precedence, as against the trustee suit, may be doubted. It alleges no service of the plaintiff’s writ before the service of the other writ. But it is not necessary that the averment should be sufficient to…
2Cases cited1 opinion
- Burnham v. FolsomSuperior Court of New Hampshire · 1832
3Cited by3 opinions
- Drew v. TowleSuperior Court of New Hampshire · 1853
- Foster v. DudleySuperior Court of New Hampshire · 1855
- Nevins v. Rockingham Mutual Fire InsuranceSuperior Court of New Hampshire · 1852