Reynolds v. Damrell
Superior Court of New Hampshire
Assumpsit. The writ in this action was made and dated October 3, 1848, and bore teste of Joel Parker, Esquire, who had then resigned. An attachment of the defendant’s goods was made on the same day. A second attachment was put on the same goods by one Treadwell, another creditor of the defendant, who afterwards appeared in the case, for the purpose, and moved that the plaintiff’s writ be quashed.
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Assumpsit. The writ in this action was made and dated October 3, 1848, and bore teste of Joel Parker, Esquire, who had then resigned. An attachment of the defendant’s goods was made on the same day. A second attachment was put on the same goods by one Treadwell, another creditor of the defendant, who afterwards appeared in the case, for the purpose, and moved that the plaintiff’s writ be quashed. The plaintiff moved for leave to amend the teste in his writ by striking out the name of Joel Parker and inserting the name of John J. Gilchrist. The defendant had suffered default.
1Opinion of the CourtWilcox, J.
By section eighty-seven of the constitution of this State, all writs issuing from the clerk’s office in any of the courts of law, shall be under the seal of the courts whence they issue, and bear teste of the chief, first, or senior justice of the court, and be signed by the clerk of the court: and by the statute respecting writs and mesne process, (Rev. Stat. ch. 182, § 2,) the same provisions are reenacted in almost the same words. This writ, therefore, is, in its present form, defective. But all defects in writs are not fatal. There are errors which the court will not regard unless they…
2Cases cited7 opinions
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- United States v. Hanford & ElyNew York Supreme Court · 1821
- People ex rel. Strait v. Steuben C. P.New York Supreme Court · 1830
- Brown v. AplinNew York Supreme Court · 1823
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