Public-domain · open source
OpenJurist

15 Me. 464

Carter v. Thompson

Supreme Judicial Court of Maine

Decided June 15, 1839

Supreme Judicial Court of Maine · decided 1839-06-15

Exceptions from the'Court of Common Pleas, Whitman C. J. presiding. Scire facias against the defendant as trustee of one Chamber■* lain. The plaintiff’s counsel moved for leave to amend the writ of scire facias, by inserting a direction to attach the goods and estate of Thompson to the amount of four hundred dollars.

Decided 1839-06-15

¶1*466The- case was continued for advisement, and the opinion of the Court was afterwards drawn tip by

Weston C. J.

¶2The writ as originally made, followed the form provided by law, and entitled the plaintiff to judgment. Statute of 1821, c. 63, prescribing the forms of writs. The stat. of 1830, c. 463, rendered the body of the defendant liable to be taken, and his goods to be attached upon writs of scire facias, and it is provided that such writs may contain a direction for this purpose. This is a privilege given to the plaintiff, of which he may avail himself or not at his election. Without finding it necessary to determine whether the amendment moved for could have been properly allowed or not, we are very clearly of opinion, that the Judge was under no legal obligation to grant it; and upon this ground we ^'overrule the exceptions.

/15/me/464 · .json · Public domain