Tracy v. Perry

Superior Court of New Hampshire

Tracy v. Perry

5 N.H. 172

CourtSuperior Court of New Hampshire

DecidedApril 15, 1830

StatusPublished

Cited by1 cases

This text of 5 N.H. 172 (Tracy v. Perry) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tracy v. Perry, 5 N.H. 172 (N.H. Super. Ct. 1830).

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Opinion

By the court.

We are of opinion, that neither writs of error, writs of review, nor writs of scire facias against bail and against endorsers of writs, are original writs within the meaning of the statute, which requires such writs to be endorsed. They are judicial, and not original writs. 3 Bl. Com. 282; 16 Mass. Rep. 74, Grosvenor v. Danforth; 9 Mass. Rep. 217, Campbell v. Stiles. The writ cannot therefore be quashed on this ground.

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By the court.

We are of opinion, that neither writs of error, writs of review, nor writs of scire facias against bail and against endorsers of writs, are original writs within the meaning of the statute, which requires such writs to be endorsed. They are judicial, and not original writs. 3 Bl. Com. 282; 16 Mass. Rep. 74, Grosvenor v. Danforth; 9 Mass. Rep. 217, Campbell v. Stiles. The writ cannot therefore be quashed on this ground.

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Bluebook (online)

5 N.H. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tracy-v-perry-nhsuperct-1830.

Opinion

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