Chadwick v. Badger
Superior Court of New Hampshire
Debt, upon bond to the plaintiff, as sheriff of the county, dated January 31, 1833, with a condition, “ that whereas the said Benjamin Badger had commenced an action of replevin against Daniel R. Carter, for six cases of shoes, containing six hundred pairs of sale shoes, belonging to Benjamin Badger, said to be distrained or impounded by the said Daniel R. Carter, as in said writ is set forth, which action is to be heard and tried before Wm.
Read the full summary
Debt, upon bond to the plaintiff, as sheriff of the county, dated January 31, 1833, with a condition, “ that whereas the said Benjamin Badger had commenced an action of replevin against Daniel R. Carter, for six cases of shoes, containing six hundred pairs of sale shoes, belonging to Benjamin Badger, said to be distrained or impounded by the said Daniel R. Carter, as in said writ is set forth, which action is to be heard and tried before Wm. M. Richardson, Escp, at Gilford, in our said county of Strafford, on the third Tuesday of August next. Now if the said Benjamin Badger shall prosecute…
1Opinion of the CourtParker, C. J.
The bond in this case is not void because the action is described as returnable before Wm. M. Richardson. There is, besides, sufficient matter in the condition to show what court was intended. It recites that the action was to be tried at Gilford, in said county of Strafford, on the third Tuesday of August next, which was the time and place of the sitting of the common pleas, and Wm. M. Richardson was then chief justice of the court. It is like the case of a deed, where there are several particulars descriptive of the premises; if the description is sufficient to ascertain the land to be…
2Cases cited5 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1807
- Arnold v. AllenMassachusetts Supreme Judicial Court · 1811
- Chandler v. SmithMassachusetts Supreme Judicial Court · 1817
- Lyman v. LoomisSuperior Court of New Hampshire · 1831