Legal Opinion
Wood v. Hill
Superior Court of New Hampshire
Decided August 15, 1830PublishedCited by 2 opinions
The writ in this case was made returnable on the first Tuesday of August, 1829, when it should have been made returnable on the third Tuesday of August. moved for leave to amend the writ, and make it returnable on the third Tuesday of August.
1Opinion of the Court
By the court.
It seems to be well settled, that a writ made returnable on a day out of term Is void. 1 Strange, 399, Mills v. Bond ; 2 L’d Raymond, 722, Green v. Rivet; 5 Mass. Rep. 100, Bullard v. Nantucket Bank; 4 Johns. 309, Burk v. Barnard; 2 Johns. Rep. 190, Bunn v. Thomas; 2 W. Bl. 845 ; 3 Wilson, 341.
A void writ cannot be amended.
Writ abated.
2Cases cited1 opinion
- Bullard v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Kelly v. GilmanSuperior Court of New Hampshire · 1854
- Ames v. WestonSupreme Judicial Court of Maine · 1839