Wilbur v. Abbot
| Decision Date | 12 October 1880 |
| Citation | 6 F. 814 |
| Parties | WILBUR v. ABBOT. |
| Court | U.S. District Court — District of New Hampshire |
Sawyer & Sawyer, Jr., for plaintiff.
S. C Eastman, for defendant.
CLARK D.J.
In this case the defendant demurred to the plaintiff's declaration, and assigned several distinct causes therefor three of which apply to both counts in the declaration and two to the second count. Those which apply to both counts are-- First, that it appears that the said Edward A. Abbot at the time of the rendition of said supposed judgment, was, and ever since has been, a citizen and resident of the state of New Hampshire; second, that it is not alleged, and it does not appear, that the said E. A. Abbot was duly cited to appear and answer to the said supposed suit, nor that any citation, or other legal process, was issued by or from said Fifth district court to the said Joseph S. and Edward A. Abbot, or either of them, to appear and answer to said supposed suit, or that any process was served upon either of them, or that either of them did appear personally or by attorney; and, third, that it is not set forth what are the terms, nature, or date of the supposed contract upon which the supposed judgment was founded, or the place at which the said supposed contract was entered.
Those which apply to the second count alone are, in substance,-- First, that the second count contains several distinct causes of action; and, second, that it is so framed that the defendant is unable to take any single and sufficient issue upon it and in answer thereto. These last two causes of demurrer are substantially the same that were allowed upon a former demurrer in this cause.
The declaration has not been since amended in this particular and as the court has not seen any reason to change its opinion they must be allowed now. The demurrer must be sustained also, for that there is no allegation in the declaration that either Edward A. Abbot or Joseph S. Abbot was served with any proper process, citation, or notice of the suit in which the judgment was rendered, or that they appeared or answered thereto. Edward A. Abbot is described as of Concord, in the county of Merrimack, and district of New Hampshire. There is no averment that at the time of the rendition of the judgment, and ever since, he has been, and now is a citizen and a resident of said state of New Hampshire. Joseph S. Abbot is dead, and there is no distinct allegation of his...
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Stoer v. Ocklawaha River Farms Co.
...was rendered against a nonresident of the state, jurisdiction of the person must be affirmatively pleaded. 34 C.J. 1116, § 1586; Wilbur v. Abbot (C. C.) 6 F. 814; Cone Cotton, 2 Blackf. (Ind.) 82; Gude v. Dakota F. Ins. Co., 7 S. D. 644, 65 N.W. 27, 58 Am. St. Rep. 860. The case at bar fall......
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Hartsog v. Robinson, 42708
...690, 138 So. 270, 272; Casey v. Barker, 219 N.C. 465, 14 S.E.2d 429; Casey v. Cooledge, 60 Ga.App. 531, 4 S.E.2d 63; and see Wilbur v. Abbott, C.C., 6 F. 814; Cone v. Cotton, 2 Blackf. (Ind.) 82; Gude v. Dakota Fire, etc., Ins. Co., 7 S.D. 64, 65 N.W. 27, 58 Am.St.Rep. 860. In the case of L......
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Lurey v. Jos. S. Cohen & Sons Co., 33954
...690, 138 So. 270, 272; Casey v. Barker, 219 N.C. 465, 14 S.E.2d 429; Casey v. Cooledge, 60 Ga.App. 531, 4 S.E.2d 63; and see Wilbur v. Abbot, C. C., 6 F. 814; Cone v. Cotton 2 Blackf., Ind., 82; Gude v. Dakota Fire & Marine Ins. Co., 7 S.D. 644, 65 N.W. 27, 58 Am.St.Rep. The judgment having......
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