State v. Folsom
Supreme Judicial Court of Maine
The writ commenced in the usual form of a blank writ of attachment, commanding the dfefendants, William S. Folsom and Hiram Folsom, to appear at the November Term of the Eastern District Court for this county, 1845, to “answer unto the State of Maine in a plea of debt, for that whereas an indictment, found by the grand inquest of said county against said William S. Folsom for the crime or offence of larceny,” at the November term of the Court in this county, 1844, was…
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The writ commenced in the usual form of a blank writ of attachment, commanding the dfefendants, William S. Folsom and Hiram Folsom, to appear at the November Term of the Eastern District Court for this county, 1845, to “answer unto the State of Maine in a plea of debt, for that whereas an indictment, found by the grand inquest of said county against said William S. Folsom for the crime or offence of larceny,” at the November term of the Court in this county, 1844, was pending, and setting out particularly, that he was then and there ordered to recognize for his appearance ; that he did so…
1Opinion of the Court
*211The opinion of the Court, Teknsy J. not being present at the argument, was drawn up by
WhitmaN C. J.
— This purports to be an action of debt, . in which the sheriffs were commanded to attach the goods and estate of the defendants; and is grounded upon a recognizance, taken for the appearance of the defendant, Folsom, to answer to a criminal charge against him. In issuing the writ, instead of declaring in the form proper to an action of debt, the recitals proper to a scire facias, are relied upon ; and the conclusion is with an ad damnum. The defendants demur to the writ and declaration.
The…
2Cases cited2 opinions
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- Pierce v. ReadSuperior Court of New Hampshire · 1821
3Cited by3 opinions
- Skolnik v. United StatesCourt of Appeals for the Seventh Circuit · 1924
- State v. DwyerSupreme Court of Vermont · 1897
- Tinkle v. StateSupreme Court of Arkansas · 1959