6 N.H. 268
Superior Court of New Hampshire
Decided July 15, 1833
Superior Court of New Hampshire · decided 1833-07-15
This was an action of trespass, in which the plaintiff alleged that the defendants, at Columbia, on the 19th January, 1829, with force and arms, made an assault upon Mm and beat him. Samuel Thomas, one of the defendants, having prayed oyer of the writ, and the officer’s return upon it, by which it appeared' that his property had been attached, and a summons left for his appearance, prayed that the summons might be enrolled.
Decided 1833-07-15
¶1It is said, in this case, that the summons does not contain the substance of the declaration ; that the force and arms, and the time of the assault alleged in the declaration are omitted in the summons. But neither the time of the assault, nor the force and arms, are matters of substance. 1 Cbitty, 375 and 383. This summons contains all which the statute requires.
¶2Plea adjudged insufficient.