Bray v. Libby
Supreme Judicial Court of Maine
On report from the superior court, Cumberland county. Assumpsit on a promissory note. On the eleventh, day of the return term the defendant filed a motion to dismiss, which, it was admitted at the hearing, recites the facts.
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On report from the superior court, Cumberland county. Assumpsit on a promissory note. On the eleventh, day of the return term the defendant filed a motion to dismiss, which, it was admitted at the hearing, recites the facts. Motion to dismiss. — "And now comes the said George W. Libby, and shows to the court here, that plaintiff’s pretended writ in said action is void and of no effect, and is no writ because he says that the same was originally sued out of said court on the third day of December, A. D. 1877, under the seal of said court, and bore date on said third day of December, A. D.…
1Opinion of the CourtSyMONDs, J.
The writ used for bringing this suit, was originally dated December 3, 18.77, returnable at the next January term of the superior court, and was delivered to an officer, who made return of personal service, and a nominal attachment of property thereon.
Subsequently, discovering it is said that there was no attachment of real estate, and for the purpose of making one, before entry the attorney for the plaintiff caused the date and the return day to be changed, and a new service to be made by an attachment of real estate and by giving a new summons to the defendant. The writ so changed was…
2Cases cited3 opinions
- Simeon v. CrammMassachusetts Supreme Judicial Court · 1877
- Sullivan v. AlexanderNew York Supreme Court · 1820
- Sloan v. WattlesNew York Supreme Court · 1816
3Cited by1 opinion
- Burtchell v. WilleySupreme Judicial Court of Maine · 1952