Page:Federal Reporter, 1st Series, Volume 6.djvu/827

 WILBUB V. ABBOT. 815 �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 bas 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 sup- posed suit, or that any process was served upon either of them, or that either of them did appear personally or by attorney;' aud, third, that it is not set forth what are the terms, nature, or. date of the supposed contract upon which the supposed judg- ment was founded, or the place at which the said supposed con- tract was en tered. �Those which apply to the second count alone are, in sub- stance, — First, that the second count contains several dis- tinct causes of action; and, second, that it is so framed that the defendant is unable to take any single and sufiScient issue upon it and in answer thereto. These last two ca,uses 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 par- ticular, 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 decla- ration 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 deseribed 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 ��� �