Garvin v. Legery
Supreme Court of New Hampshire
Assumpsit. Personal property was attached on the writ, and subsequently the same property was attached by other creditors of the defendant. All the actions were entered at the same term. The plaintiffs’ writ was not indorsed by any one. Within the first four days of the first term subsequent attaching creditors appeared, and moved to dismiss the plaintiffs’ action and to quash the writ. The plaintiffs moved for leave to furnish an indorser.
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Assumpsit. Personal property was attached on the writ, and subsequently the same property was attached by other creditors of the defendant. All the actions were entered at the same term. The plaintiffs’ writ was not indorsed by any one. Within the first four days of the first term subsequent attaching creditors appeared, and moved to dismiss the plaintiffs’ action and to quash the writ. The plaintiffs moved for leave to furnish an indorser. The plaintiffs are inhabitants of this state. The question of law, whether the plaintiffs' motion could be granted, was reserved.
1Opinion of the CourtSmith, J.
In Pettingill v. McGregor, 12 N. H. 179, 190, Woods, J., said,—“ It is not believed that the court possesses the power, where the writ is not indorsed at the time of its service, to permit a plaintiff to cause the writ to be indorsed at any subsequent period without the assent of the defendant.” In the same opinion, the court .held that the writ in that case had been sufficiently indorsed by the plaintiff’s attorneys. The remark of that learned judge was, therefore, not necessary to the decision of that case.
In Brackett v. Bartlett, 19 N. H. 129, it was held, upon the authority of Pettingill…
2Cases cited5 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Bartlett v. LeeSupreme Court of New Hampshire · 1880
- Redding v. DodgeSupreme Court of New Hampshire · 1879
- Piper v. HilliardSupreme Court of New Hampshire · 1877
- Barker v. SavageSupreme Court of New Hampshire · 1878
3Cited by6 opinions
- Tucker v. LakeSupreme Court of New Hampshire · 1892
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881
- Brown v. EllsworthSupreme Court of New Hampshire · 1903
- Cocheco Aqueduct Ass'n v. Boston & Maine R. R.Supreme Court of New Hampshire · 1882
- Morgan v. JoyceSupreme Court of New Hampshire · 1891
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