Superior Court of New Hampshire, 1830

Tracy v. Perry

Tracy v. Perry
Superior Court of New Hampshire · Decided April 15, 1830
5 N.H. 172

Counsel

J. Parker, for the defendants in error,, Hander&on, for the plaintiff.

Tracy v. Perry

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.