Town of Windham v. Town of Hampton

1 Root 175

Opinion

By the Court.

As to the two first exceptions, the signing and serving of the writ, are merely ministerial acts, and if any irregularity is practiced, advantage may be taken of it by pleading it. Resides, if members of corporations were wholly excluded from acts of this nature, there would be a, failure of justice in many cases. As to the third exception, the law doth not require it; hut if necessary it may be done after the writ is returned, by leave of the court.