Motion, 16 October 1843–B [Dana v. Brink]

  • Source Note
  • Historical Introduction
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Circuit Court Oct. Term 1843
The comes and moves the Court to dismiss this suit <​among other<​s​> things​> for the following reasons
1st. Because the court below had no jurisdiction over the subject matter
2. Because the action being “in form ex delicto” the should have declared it a ple[a] on the case and not a ple of
3. Because proper parties are not made plaintiffs for personal injury to the wife— she must be joined
4. Because the summons issued by the Court below in the above entitled cause is among other things informal, illegal and insufficient in this— said summons is not commenced <​does not [illegible] [serve?]​> in the name of “the people of the state of
5 Because said summons <​and the papers in this case​> does do not disclose that Joseph Smith before whom this cause was tried was a Justice of the Peace and had jurisdiction as such
atty for [p. [1]]
)
vs)
)
Circuit Court Oct. Term 1843
The comes and moves the Court to dismiss this suit among others for the following reasons
1st. Because the court below had no jurisdiction over the subject matter
2. Because the action being “in form ex delicto” the should have declared it a plea on the case and not a ple of
3. Because proper parties are not made plaintiffs for personal injury to the wife— she must be joined
4. Because the summons issued by the Court below in the above entitled cause is among other things informal, illegal and insufficient in this— said summons does not [serve] in the name of “the people of the state of
5 Because said summons and the papers in this case do not disclose that Joseph Smith before whom this cause was tried was a Justice of the Peace and had jurisdiction as such
atty for [p. [1]]
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