Marston v. Stickney
Supreme Court of New Hampshire
The writ, which was dated December 26, 1873, contained a large number of counts in general indebitatus assumpsit, commonly called omnibus counts. It also contained the following clause: “ We also command you to attach the dwelling-house lately erected tby said defendant on School street in said Lebanon, in order to secure and preserve the plaintiff’s lien thereon for the indebtedness aforesaid.”
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The writ, which was dated December 26, 1873, contained a large number of counts in general indebitatus assumpsit, commonly called omnibus counts. It also contained the following clause: “ We also command you to attach the dwelling-house lately erected tby said defendant on School street in said Lebanon, in order to secure and preserve the plaintiff’s lien thereon for the indebtedness aforesaid.” The officer’s return, dated December 26, 1873, states an attachment of said dwelling-house for the purpose directed in the writ. The writ and return may be referred to. It was not denied but the claim…
1Opinion of the CourtSmith, J.
The defendant’s motion was, that proceedings in this causeice stayed, and that the same be continued. If it be conceded, as it seems to be, that the plaintiff has a lien for labor performed and materials furnished in the erection of a dwelling-house under a contract with the defendant, which the plaintiff is seeking to perfect by this suit, under the provisions of Gen. Stats., ch. 125, secs. 11, 12,18, there would not seem to be any good reason why the defendant’s motion should be granted. The plaintiff does not seek to recover a judgment against the defendant in personam, but merely against…
2Cases cited5 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Pulliam v. OsborneSupreme Court of the United States · 1855
- Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
- Houston v. City Bank of New OrleansSupreme Court of the United States · 1848
- Briggs v. StephensDistrict Court, N.D. New York · 1814
3Cited by1 opinion
- Sly v. PatteeSupreme Court of New Hampshire · 1877