Dinsmore v. Pendexter
Superior Court of New Hampshire
Trespass qucere clausum fregit. The writ was capias and attachment. The defendants, having prayed oyer thereof^and enrolled the summons delivered to them respectively, prayed judgment of the writ, “ and that it may be abated, because, they say, that the summons aforesaid, delivered to them by the officer who served said writ, when their goods were attached at the plaintiff’s suit, did not give to the defendants the same information which the declaration gives more at large,…
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Trespass qucere clausum fregit. The writ was capias and attachment. The defendants, having prayed oyer thereof^and enrolled the summons delivered to them respectively, prayed judgment of the writ, “ and that it may be abated, because, they say, that the summons aforesaid, delivered to them by the officer who served said writ, when their goods were attached at the plaintiff’s suit, did not give to the defendants the same information which the declaration gives more at large, nor contain the substance thereof, in this, to wit: for that in and by said writ and declaration in the first count…
1Opinion of the CourtWoods, J.
The plea, in this case, alleges a variance between the declaration contained in the writ and the cause of action set forth in the summons, because the summons did not give to the defendants the same information which the declaration gave more at large, nor contain the substance thereof.
Chapter 183, sections 3 and 4, of the Revised Statutes provides that “ when the goods or estate of any person shall be attached, a summons, in form prescribed by law, shall be delivered to the defendant, or left at his usual place of abode, with the name and office of the officer serving the same indorsed…
2Cases cited1 opinion
- Nelson v. SwettSuperior Court of New Hampshire · 1827