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64 N.H. 97

5 A 717

Sanderson v. Taylor

Supreme Court of New Hampshire

Decided June 5, 1886

Supreme Court of New Hampshire · decided 1886-06-05

Case, for slander. Tlie writ commanded tlie sheriff to attach the goods or estate of the defendant, and summon him. No attachment was made. The officer’s return is, that he summoned the defendant by giving him a true attested copy of the writ. The defendant moved to quash on the ground that there could be no legal service without an attachment.

Relies on Lisbon v. Lyman · Mobile Ry Co v. Jurey · Inhabitants of Shirley v. Inhabitants of Lunenburg

Decided 1886-06-05

Doe, C. J.

¶1 Notice was properly given by copy. Laws 1883, c. 22. The sheriff’s non-execution of the command to attach property deprived the defendant of no notice or advantage to which he was entitled. The requirement of notice by copy or summons when property is attached (G. L., a. 223, s. 3) does not make the validity of such notice depend upon an attachment. The ancient practice of making a false return of an attachment of a chip is useless, and not commendable. The case is not an exception to the general rule, that a party cannot object to anything that is not injurious to him. Shirley v. Lunenburg, 11 Mass. 379, 383; Perley v. Parker, 20 N. H. 263, 270; McKean v. Cutler, 48 N. H. 370, 375; Lisbon v. Lyman, 49 N. H. 553, 585; M. & M. R. Co.v. Jurey, 111 U. S. 584, 593.

¶2 Motion denied.

Bingham, J., did not sit: the others concurred.
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