Johnson v. Abbott
Supreme Court of New Hampshire
Foreign Attachment. The writ was served on Farnham, one of the trustees, August 2, 1875, and entered August term, 1875. Counsel appeared at that term for all the defendants and trustees, and the action was continued from term to term until February term, 1880, when it was discovered that Farnham’s name was not inserted in the writ as trustee. The plaintiffs moved to amend by inserting it.
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Foreign Attachment. The writ was served on Farnham, one of the trustees, August 2, 1875, and entered August term, 1875. Counsel appeared at that term for all the defendants and trustees, and the action was continued from term to term until February term, 1880, when it was discovered that Farnham’s name was not inserted in the writ as trustee. The plaintiffs moved to amend by inserting it. Neither the defendants nor Farnham object to the amendment, but objection is made by the subsequent attaching creditors. The question is reserved whether the amendment can be allowed. The other facts appear…
1Opinion of the CourtStanley, J.
The court have authority to allow the amendment (Stebbins v. Ins. Co., 59 N. H. 143; Folsom v. Ins. Co., 59 N. H. 54; Demeritt v. Mills, 59 N. H. 18; Gitchell v. Andover, 59 N. H. 363), and that authority should be exercised to prevent injustice. The writ was served on Farnham. He appeared, and did not object to the writ or service, a,nd he does not object to the amendment. The subsequent attaching creditors had notice of the pendency of this suit in February, 1876, and of the claim of the plaintiffs that Farnham was chargeable as trustee. In Farnham’s deposition, taken April 12, 1876, before…
2Cases cited4 opinions
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1879
- Folsom v. Orient Fire Ins.Supreme Court of New Hampshire · 1879
- Gitchell v. AndoverSupreme Court of New Hampshire · 1879
- Demeritt v. MillsSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Pratt v. SanbornSupreme Court of New Hampshire · 1884