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BANCROFT v. DAMON Tr
Supreme Court of New Hampshire Cheshire.
Aug 1, 1877
Important Paras
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A plea in abatement, that the writ has not been served on the defendant, should state facts showing that it could have been served on him. An averment, that at the date of the writ and ever since he has been an inhabitant of the state, is not sufficient.
DOE, C. J.
The plea should state facts showing that the writ could have been served on the defendant. The averment that he was an inhabitant of the state is not sufficient.
Demurrer sustained.
ALLEN, J., did not sit.
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