Dunklee v. Fales
Superior Court of New Hampshire
Trover for sundry articles of household furniture. The cause was tried upon the general issue, at May term, 1831, when a verdict was taken by consent for the plaintiff, subject to the opinion of the court upon the following case. The said furniture, being the property of one Joseph Taylor, was attached by Ziba Huntington, a deputy sheriff, on the 26th May, 1826, by virtue of a writ in favor of N. B. Dodge, against Taylor, and delivered to the plaintiff, for safe keeping.
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Trover for sundry articles of household furniture. The cause was tried upon the general issue, at May term, 1831, when a verdict was taken by consent for the plaintiff, subject to the opinion of the court upon the following case. The said furniture, being the property of one Joseph Taylor, was attached by Ziba Huntington, a deputy sheriff, on the 26th May, 1826, by virtue of a writ in favor of N. B. Dodge, against Taylor, and delivered to the plaintiff, for safe keeping. The plaintiff thereupon gave Huntington a receipt for the furniture, and locked it up in a chamber, in Taylor’s house, the…
1Opinion of the Court
The opinion of the court was delivered by
RichaRdson, C. J.
The cpiestion in this case is, whether the attachment made by virtue of Dodge’s writ was to be considered with respect to the other creditors of Taylor, as dissolved at the time, when the defendant took the goods, the goods being at that time in the possession of Taylor, the debtor ?
This question is easily settled. What is an attachment by virtue of mesne process ? It is an actual seizure of goods, in order that they may be held to satisfy the judgment, which the plaintiff may recover. If the goods are so situated that they cannot be…
2Cases cited2 opinions
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
- Odiorne v. ColleySuperior Court of New Hampshire · 1819
3Cited by2 opinions
- Young v. WalkerSuperior Court of New Hampshire · 1842
- French v. HatchSuperior Court of New Hampshire · 1854