Howard v. Hunt

Decided December 15, 1845

Superior Court of New Hampshire · decided 1845-12-15

Review of an action upon the case. The original judgment was rendered in favor of the plaintiff at the April term of the court of common pleas, for this county, 1844, which term closed on the sixteenth day of that month. The writ of review was issued from the clerk’s office of said court, March 18, 1845, returnable at the September term, 1845, but it was not served upon the plaintiff until the 26th of April, 1845.

Cited by 1 later decisions — most recently May 1806

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-12-15

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Woods, J.

¶1The question here presented, is substantially the same which arose in Society for Propagating the Gospel v. Whitcomb, 2 N. H. Rep. 227. It was there held, that the commencement of an action, or the suing out of a writ, is by our practice, the time when the writ is in fact filled up for service. The writ of review was in that ease issued within the period limited, though not served till afterward; and it was held that the review was commenced by the issuing of the writ.

¶2Such is the present case. The writ was filled and issued wdthin the year. The delay to serve it did not impair the right of the party to prosecute the review. The motion must therefore be denied. Motion denied.

¶3 *450/