Keenan v. Perrault

57 A. 335, 72 N.H. 426, 1904 N.H. LEXIS 33

• Court: Supreme Court of New Hampshire
• Decided: February 2, 1904
• Status: Published

Opinion

Walker, J.

As the trustee blank in the writ was filled out with a fictitious name, with no intention of havmg it served as a trustee writ, and as it was not in fact served upon a trustee, the action was not “ began by trustee process ” within the meaning of section 1, chapter 245, Public Statutes. Clement v. Clement, 18 N. H. 611; Cole v. Smith, 61 N. H. 642. It is as though the trustee part of the writ had been left entirely blank, in which case-the officer would have performed his duty by serving it as a writ of summons and attachment. P. S., e. 219, s. 2; Laws 1893,. c. 67, s. 6. The order dismissing the action, therefore, on the ground that it was begun by trustee process, was error.

Exception sustained.

All concurred.