Hill v. Wiggin
Superior Court of New Hampshire
Trover, for a stage coach and a stage sleigh. The parties agreed upon a statement of facts substantially as follows: On the 15th of June, 1852, the plaintiff, being then and still sheriff of this county, attached the coach and sleigh, by virtue of a writ against one C. O. Osgood, and made due return of the attachment on the writ.
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Trover, for a stage coach and a stage sleigh. The parties agreed upon a statement of facts substantially as follows: On the 15th of June, 1852, the plaintiff, being then and still sheriff of this county, attached the coach and sleigh, by virtue of a writ against one C. O. Osgood, and made due return of the attachment on the writ. The defendant then made to the plaintiff a receipt, as follows : “ Received of Bartlett Hill, sheriff, one stage coach, valued at one hundred dollars, and one stage sleigh valued at fifty dollars, property belonging to Carlton O. Osgood, and the same that is now in…
1Opinion of the CourtBell, J.
The attachment might be invalid as against the rights of Messer, but we are of opinion that Messer alone, or those who hold under him, can take advantage of this defect. If he does not complain, no one else can on this account. Scott v. Whittemore, 7 Foster’s Rep. 309.
It is agreed that the defendant, Osgood, in the original action, was a partner in business of one John E. Little, and that he and Little, at the time of the attachment, owned the coach and sleigh, attached by the plaintiff in partnership.
By the practice of the courts of this State, until a recent period, and by the law as it…
2Cases cited8 opinions
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Webb v. SteeleSuperior Court of New Hampshire · 1842
- Page v. CarpenterSuperior Court of New Hampshire · 1839
- Whitney v. FarwellSuperior Court of New Hampshire · 1838
- Cargill v. WebbSuperior Court of New Hampshire · 1839
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