41 Me. 102 | Me. | 1856
According to the decision in Bramhall v. Seavcy, 28 Maine, 45, the oath, as certified by the justice on the process, was clearly insufficient to have authorized the arrest of the defendant. It omitted one of the essential requirements imposed by the 2d § of R. S., c. 148, to wit, “and to take with him property or means,” exceeding the amount required for his own immediate support.
And, according to the decision in Furbish v. Roberts, 39 Maine, 104, the action should have been dismissed for want of legal service, had the motion in this, as in that case, been seasonably made.
Exceptions overruled.