Carter v. Piper
Supreme Court of New Hampshire
From Carroll Circuit Court. Replevin, for a bear claimed by the plaintiffs, and alleged to have been wrongfully taken and detained by the defendant. The writ is dated November 16,1874. The plea was the general issue, and a brief statement setting forth,— 1st, that the bear was the property of the defendant; 2d, that it was the property of the plaintiffs and the defendant jointly; 3d, that it was the property of the plaintiffs, defendant, and others jointly.
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From Carroll Circuit Court. Replevin, for a bear claimed by the plaintiffs, and alleged to have been wrongfully taken and detained by the defendant. The writ is dated November 16,1874. The plea was the general issue, and a brief statement setting forth,— 1st, that the bear was the property of the defendant; 2d, that it was the property of the plaintiffs and the defendant jointly; 3d, that it was the property of the plaintiffs, defendant, and others jointly. Testimony was introduced tending to impeach the defendant. Henry T. Bragdon swore that he knew the defendant’s general reputation for…
1Opinion of the CourtCushing, C. J.
This is said to be an action brought for the unlawful taking and detaining of the property in dispute. The action, I suppose, might have been brought under the act of 1873, under which it would have been sufficient to allege the unlawful detention of the property. Until that statute was passed, it had always been held that replevin would not lie excepting where there had been an unlawful taking. Very properly, therefore, the general issue was non cepit, because that denied entirely the gist of the action, i. e., the unlawful taking. If the action had been brought under the statute for the…
2Cited by4 opinions
- Lothrop v. LockeSupreme Court of New Hampshire · 1880
- Page v. RamsdellSupreme Court of New Hampshire · 1880
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Sinclair v. WheelerSupreme Court of New Hampshire · 1898