Gunnison v. Abbott
Supreme Court of New Hampshire
Trover, upon a sheriff’s receipt for property attached. The case is reported ante, p. 347, and the facts there stated are made a part of the present case.
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Trover, upon a sheriff’s receipt for property attached. The case is reported ante, p. 347, and the facts there stated are made a part of the present case. At the November term, 1905, of the superior court, the defendant in this action moved that the judgment therein be stayed, and that the action Abbott v. Daniels, entered and discontinued at the November term, 1903, be brought forward, and the attachment restored so that the same might take precedence of the attachment in this suit. Upon a hearing, the court ordered a stay of judgment in this suit, and that the action Abbott v. Daniels be…
1Opinion of the CourtParsons, C. J.
The exception to the ruling that the attachment in Abbott v. Daniels was dissolved by the discontinuance of that suit with the intention of abandoning it, and that the court had no authority or power to restore the attachment, raises the only questions of law that have been transferred. “ When a judgment is rendered for the defendant upon which execution may issue, or when the action is compromised or dismissed, the attachment made in the action is dissolved thereby.” P. S., c. 220, s. 34. “An attachment is made by an officer who is authorized to serve the writ, and when it is once dissolved,…
2Cases cited4 opinions
- King v. . HarrisNew York Court of Appeals · 1866
- Allen v. AdamsSupreme Court of Connecticut · 1845
- Hubbell v. KingmanSupreme Court of Connecticut · 1884
- Jaffray v. H. B. Claflin Co.Supreme Court of Missouri · 1893
3Cited by3 opinions
- Lowe v. LoweConnecticut Appellate Court · 2000
- Langdell v. Eastern Basket & Veneer Co.Supreme Court of New Hampshire · 1916
- Dame v. WoodSupreme Court of New Hampshire · 1907