Blaisdell v. Sheafe

Decided May 15, 1830

Superior Court of New Hampshire · decided 1830-05-15

Scire facias against the defendant, as endorser of a writ sued out by Benjamin F. Spencer, of Colebrook, in this county, against Blaisdell, the plaintiff, in this case. The cause was submitted to the decision of the court upon the following facts. Spencer sued out a writ against Blaisdell, which was endorsed by Sheafe, as alleged in the scire facias.

Cited by 1 later decisions — most recently July 1871

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1830-05-15

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By the court.

¶1It is settled, that an execution remains in force on the return day, so long as the court to which it is returnable, continues in session that day, and no longer, 1 Salk. 321, Perkins v. Woolaston; 6 Mod. 130, S. C. ; 12 Mass. Rep. 434, Stevens v. Bigelow; 1 N. H. Rep. 359; Cro. Eliz. 701 ; 6 Mass. Rep. 20, Prescott v. Wright.

¶2If the execution be delivered to an officer on the return day, at any time before the court adjourns to a future day, a return of non est inventus by such officer, will be sufficient to charge the endorser of a writ. But if the execution be not delivered to an officer, until after such an adjournment on the return day, the execution must he considered as no longer in force when so delivered, and the return will be irregular.

¶3In this case, the execution was not delivered 1o the officer in season, and there must be

¶4Judgment for the defendant