Brown v. Dudley
Supreme Court of New Hampshire
Assumpsit. Writ dated December 31, 1853, and brought to recover the balance upon the following account: 1853, July 22. To bottoming one case of shoes, at 20 cents,.......$12.00 August 6. To bottoming one case shoes (extra sizes,)........12.60 $24.60 July 22. Cr. by cash in part,..... 9.00 $15.60 Plea, the general issue, with a brief statement, setting forth that the defendant had been charged as trustee of said Brown in a suit brought by one Mary Morrison against said Brown…
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Assumpsit. Writ dated December 31, 1853, and brought to recover the balance upon the following account: 1853, July 22. To bottoming one case of shoes, at 20 cents,.......$12.00 August 6. To bottoming one case shoes (extra sizes,)........12.60 $24.60 July 22. Cr. by cash in part,..... 9.00 $15.60 Plea, the general issue, with a brief statement, setting forth that the defendant had been charged as trustee of said Brown in a suit brought by one Mary Morrison against said Brown in the police court of Manchester, &c. The plaintiff introduced testimony tending to show that the work specified in his…
1Opinion of the CourtEowler, J.
As the pleadings in this case were in conformity with the provisions of the 38th section of the 208th chapter of the Revised Statutes, in the absence of any suggestion from the counsel on either side, we are led to infer that the ruling of the court below, to which exception was taken, must have been predicated entirely upon the informalities and inequalities of the proceedings in the trustee suit before the police court of Manchester.
*514By sections 89, 40 and 41, of chapter 208 of the Revised' Statutes, jurisdiction is given to justices of the peace in trustee suits generally, and particularly…
2Cases cited3 opinions
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Groves v. BrownMassachusetts Supreme Judicial Court · 1814