Whiting v. Bradley
Superior Court of New Hampshire
If a sheriff, by mistake, sell the personal property of A. on an execution against B., which property had been consigned to B., and Users return the execution satisfied to the amount of the sale, B. is still a competent witness for A. in an action against the sheriff. The return of a sheriff, when erroneous by mistake, may, in certain cases, be amended or vacated, and in some cases may be contradicted.
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If a sheriff, by mistake, sell the personal property of A. on an execution against B., which property had been consigned to B., and Users return the execution satisfied to the amount of the sale, B. is still a competent witness for A. in an action against the sheriff. The return of a sheriff, when erroneous by mistake, may, in certain cases, be amended or vacated, and in some cases may be contradicted. Under our statute iff February 15. 1791, a creditor, whose execution has been levied on either personal or real estate, which did not belong to the judgment debtor, may, by scire facias, obtain…
1Opinion of the CourtWoodbury, J.
It is probable, that by inadvertence the witness did not produce a release from the plaintiff; or, if no technical release existed, that he did not disclose with more minuteness the terms of their settlement. But, on that part of the case, as it now stands, we might be inclined to hold him competent, without an examination of the other facts, had not all the counsel argued his admissibility solely upon those facts. Upon those facts, therefore, we shat! consider the question ; and if, on inquiry, it shall appear, that the success or failure of either party in this suit would, according to…
2Cases cited6 opinions
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Coventry v. BartonNew York Supreme Court · 1819
- Williams v. RogersNew York Supreme Court · 1809
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Van Cleef v. FleetNew York Supreme Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Freeman v. CaldwellSupreme Court of Pennsylvania · 1840
- Angier v. AshSuperior Court of New Hampshire · 1852