Inhabitants of Brewer v. Inhabitants of New Gloucester
Massachusetts Supreme Judicial Court
Assumpsit for the support of a pauper. The defendants pleaded, in abatement, that Robert Nevers, one of the inhabitants of Neiv Gloucester, was, at the time of the service of the original writ in this case, a deputy sheriff, under Richard Hunnewell, Esq., the’ sheriff of the county of Cumberland, and that the said Hunnewell served the said writ on the said inhabitants. The plaintiffs demurred generally to this plea; and the defendants joined in demurrer.
1Per curiam
The statute, describing the duty and power of coroners, (1) directs that all writs and precepts, when the sheriff or either of his deputies shall be a party to the same, shall be served by the coroner. As the law provides that, when judgment is recovered against the inhabitants of a town, execution may be levied upon the property of any inhabitant, each inhabitant must be considered as a party, within the meaning of the statute referred to, when the suit is by or against the town in its corporate capacity, (a)
Writ abated.
Stat. 1783, c. 43, § 1.
[Sutton vs. Cole, 8 Mass. Rep. 96. — Odiorne vs.…
2Cases cited2 opinions
- Inhabitants of the First Parish in Sutton v. ColeMassachusetts Supreme Judicial Court · 1811
- Murdock v. StickneyMassachusetts Supreme Judicial Court · 1851
3Cited by16 opinions
- Beardsley v. SmithSupreme Court of Connecticut · 1912
- McLoud v. SelbySupreme Court of Connecticut · 1835
- Todd v. BirdsallNew York Supreme Court · 1823
- Willoughby v. Chicago Junction Railways & Union Stock Co.New Jersey Court of Chancery · 1892
- Eames v. SavageSupreme Judicial Court of Maine · 1885
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