Stone v. McLanathan

Decided July 1, 1855

Supreme Judicial Court of Maine · decided 1855-07-01

On REPORT from Nisi Prius, Howard, J., presiding. Assumpsit, on account annexed. Plaintiff lived out of the State. A plea in abatement was filed for want of an indorser of the writ before entry, on which an issue was made. On the writ blank, as prepared by the clerk, were printed the words “from the office of.” Underneath the attorney wrote his name when he made the writ, and testified that he intended it to be an indorsement.

Decided 1855-07-01

Shepley, O. J.

¶1— The words “from the office of” appear to have been printed on the back of the writ by direction of the clerk. They were not required by law. There is, therefore, no satisfactory evidence, that they were adopted by the plaintiff’s attorney to limit the effect of his indorsement.

¶2When an attorney does an act required by law, he must be regarded as having done it in obedience to the law.

¶3The question presented appears to have arisen and to have been satisfactorily decided in the case of State v. Ackley, 8 Cush. 98. The indorsement appears to have been sufficient. Defendant defaulted,.