Blaisdell v. Sheafe
Superior Court of New Hampshire
Scire facias against the defendant, as endorser of a writ sued out by Benjamin F. Spencer, of Colebrook, in this county, against Blaisdell, the plaintiff, in this case. The cause was submitted to the decision of the court upon the following facts. Spencer sued out a writ against Blaisdell, which was endorsed by Sheafe, as alleged in the scire facias.
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Scire facias against the defendant, as endorser of a writ sued out by Benjamin F. Spencer, of Colebrook, in this county, against Blaisdell, the plaintiff, in this case. The cause was submitted to the decision of the court upon the following facts. Spencer sued out a writ against Blaisdell, which was endorsed by Sheafe, as alleged in the scire facias. Judgment was rendered in that suit, by this court, in favor of Blaisdell, against Spencer, at November term, in this county, 1827, for $10,58, costs of suit. Execution issued on that judgment, and on the 4th November, 1828, being the return day…
1Opinion of the Court
By the court.
It is settled, that an execution remains in force on the return day, so long as the court to which it is returnable, continues in session that day, and no longer, 1 Salk. 321, Perkins v. Woolaston; 6 Mod. 130, S. C. ; 12 Mass. Rep. 434, Stevens v. Bigelow; 1 N. H. Rep. 359; Cro. Eliz. 701 ; 6 Mass. Rep. 20, Prescott v. Wright.
If the execution be delivered to an officer on the return day, at any time before the court adjourns to a future day, a return of non est inventus by such officer, will be sufficient to charge the endorser of a writ. But if the execution be not delivered to…
2Cases cited2 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Chadbourne v. HodgdonSuperior Court of New Hampshire · 1819
3Cited by1 opinion
- Rangeley v. GoodwinSuperior Court of New Hampshire · 1846