Carleton v. Bartlett

Decided July 15, 1845

Superior Court of New Hampshire · decided 1845-07-15

Scire eacias against bail. The defendant demurred to the declaration, and assigned for cause that it did not appear that the notice mentioned in the declaration was served upon the bail fifteen days before the return day of the execution ; the notice having been served on the 18th day of March, 1844, and the return day of the execution being the second day of April following. The plaintiff joined in demurrer.

Cited by 1 later decisions — most recently December 1814

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-07-15

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Woods, J.

¶1The statute requires that the notice be served upon the bail fifteen days before the return day of .the execution, in order to charge him. Rev. Stat., chap. 201, sec. 1. By the provisions of chap. 1, sec. 25, the day on which the service of the notice was made must be excluded in the reckoning. Between the 18th day of March and the second day of April no more than fourteen days intervene. The service therefore having been made on the 18th day of March, and the return day of the execution having been on the second day of April, the service was too late. There must therefore be

¶2Judgment for the defendant on the demurrer.