Tilton v. Parker
Superior Court of New Hampshire
Tins was a writ of review tested the 12th April, 1826,* in which the defendants in review were described as follows : “Isaac Parker of Boston in the county of Suffolk and commonwealth of Massachusetts, and Jonas M. Melville of Jaffrey in our county of Cheshire, merchants and late partners in trade under the name and firm of Isaac Parker and company.” .The sheriffs return of the service of the wrii was as follows : “ Merrimack, ss.
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Tins was a writ of review tested the 12th April, 1826,* in which the defendants in review were described as follows : “Isaac Parker of Boston in the county of Suffolk and commonwealth of Massachusetts, and Jonas M. Melville of Jaffrey in our county of Cheshire, merchants and late partners in trade under the name and firm of Isaac Parker and company.” .The sheriffs return of the service of the wrii was as follows : “ Merrimack, ss. July 7, 1826. I have this day served the within precept on the within named defendants by reading this precept in the presence and hearing of Parker Noyes, Esquire,…
1Opinion of the CourtRichardson, C. J.
We have attentively considered the motion, which has been made in this ease, and shall now proceed to express the opinion we have formed.
It is very clear that these defendants cannot be held against their will to answer to this writ, unless a legal service has been made upon both, or a sufficient reason shown in the officer’s return, why such a service has not been made. 5 Mass. Rep. 193, Tappan v. Bruen.
And we entertain no doubt that it is competent to-the court in its discretion to quash the writ on motion for defect of service, or to put the defendants to plead the matter in abatement. 5…
2Cases cited5 opinions
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Bullard v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
3Cited by3 opinions
- Morse v. CalleySuperior Court of New Hampshire · 1830
- Farley v. DaySuperior Court of New Hampshire · 1853
- Gilman v. CateSupreme Court of New Hampshire · 1875