Rogers v. McDearmid
Superior Court of New Hampshire
Debt upon a judgment rendered by the court of common pleas in this county, at February term, 1830, for '■$> 194 90 debt, and $12 07 costs of * suit,. ...
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Debt upon a judgment rendered by the court of common pleas in this county, at February term, 1830, for '■$> 194 90 debt, and $12 07 costs of * suit,. ... The defendant pleaded, 1. Payment on the 22d March, 1833 ; on-which plea issue was joined. 2. That on the 10th September, 1;832, execution remained to be done for $193 66’; that the plaintiff on that day sued out execution for that, sum, and delivered the same to J. B., a deputy sheriff, to be executed; and returned ; that on the 22d March, 1833, the defendant tendered to the said J. B. the said sum of $193 56, being the whole amount due on…
1Opinion of the CourtGreen, J.
On the 2d March, 1833, when the plaintiff delivered his execution to the officer, there was justly due to the plaintiff upon the judgment, including interest, at least $228 56 . and he might have legally enforced the payment of that sum by an action of debt upon the judgment. His right thus to recover that sum is well settled, and is conceded in the argument in this case.
Having a legal claim to recover that amount, the plaintiff placed his execution in the hands of an officer, with directions not to levy the whole amount. While the execution was thus in the hands of the officer, the defendant…
2Cited by1 opinion
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