Grafton Bank v. White
Superior Court of New Hampshire
Case, for the neglect of Stephenson, a deputy of the defendant, who was sheriff of the county of Coos, for not serving an execution in favor of the plaintiff, against one Horace Loomis.
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Case, for the neglect of Stephenson, a deputy of the defendant, who was sheriff of the county of Coos, for not serving an execution in favor of the plaintiff, against one Horace Loomis. The action was entered at the May term, 1840, and, upon the defendant’s appearance, was continued from term to term until the September term, 1841, when the plaintiff moved for leave to amend by filing two new counts, one alleging a delivery of the execution to Isaac P. Merrill, a deputy of the defendant, and the other a delivery of it to the defendant, and the consequent neglect of each of those parties. To…
1Opinion of the Court
Gilchrist, J.*
This action was commenced to recover damages of the defendant, occasioned by the alleged neglect of his deputy, Stephenson, to serve and return an execution committed to him. One question arising is, whether to such a count maybe joined another, declaring upon the neglect of the defendant himself to make service and return of the same execution. The case of Skinner v. White, 9 N. H. Rep. 204, is an authority for the joinder of a count for the sheriff’s neglect wi0th another for the neglect of a deputy, and that evidence of the neglect of the deputy is relevant to an issue raised…
2Cases cited4 opinions
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Moody v. MahurinSuperior Court of New Hampshire · 1828
- Richards v. GilmoreSuperior Court of New Hampshire · 1841
- Skinner v. WhiteSuperior Court of New Hampshire · 1838