15 Me. 400 | Me. | 1839
The case was continued for advisement, and the opinion of the Court was subsequently prepared by
The first and second sections of the stat. c. 59, point out the manner of serving writs. When a writ of attachment is used the service is to be made by delivery to the party, or leaving at his place of abode “ a summons in form prescribed by law.” And when “ the process is by original summons” the service is to be made by reading the same to the party or by leaving a certified copy at his place of abode. This process being in the form of an original summons was served in the manner prescribed for a writ of attachment; and the exceptions are sustained.
A motion is made to amend the writ by inserting a command to the officer to attach the goods and estate; and thereby in effect to change the writ from one form to the other, for the part relating to the arrest of the body has been abolished, except in special cases.
The legislature having prescribed the form of writs, it has been doubted, whether the Court could regard them as formal in the
Amendment granted upon terms.