¶1We are of opinion, that neither writs of error, writs of review, nor writs of scire facias against bail and against endorsers of writs, are original writs within the meaning of the statute, which requires such writs to be endorsed. They are judicial, and not original writs. 3 Bl. Com. 282; 16 Mass. Rep. 74, Grosvenor v. Danforth; 9 Mass. Rep. 217, Campbell v. Stiles. The writ cannot therefore be quashed on this ground.
5 N.H. 172
Tracy v. Perry
Superior Court of New Hampshire
Decided April 15, 1830
Superior Court of New Hampshire · decided 1830-04-15
This was a writ of error, brought to reverse a judgment of the court of common pleas. moved the court to quash the writ of error, because it had not been endorsed, and he cited Tidd’s Frac. 1051, and 982, note a ; 3 Greenleaf, 216 ; Clap v. Balclu
Decided 1830-04-15