Shapley v. Bellows
Superior Court of New Hampshire
Case against the defendant., as sheriff of the county of Cheshire. The declaration alleged, that one Joseph Jackson, at the May tern of this court, in the year 1825, in the county of Cheshire, recovered judgment against the plaintiff for §50, damages, and §30, 77, costs of suit ; and having sued out execution on said judgment, on the 5th November, 1825, delivered the same to J- L. Putnam, a deputy of the defendant, who, by virtue of that execution, on the 1st February, 1820,…
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Case against the defendant., as sheriff of the county of Cheshire. The declaration alleged, that one Joseph Jackson, at the May tern of this court, in the year 1825, in the county of Cheshire, recovered judgment against the plaintiff for §50, damages, and §30, 77, costs of suit ; and having sued out execution on said judgment, on the 5th November, 1825, delivered the same to J- L. Putnam, a deputy of the defendant, who, by virtue of that execution, on the 1st February, 1820, seized sundry articles of the personal property of the plaintiff ; that on the 4th February, 1826, the said Putnam…
1Opinion of the Court
Richardson, C, J.
delivered the opinion of the court.
It is contended, in this case, that the officer had no authority under the statute to set-off one execution against flic other, because the judgment, on which the execution against the plaintiff issued, was founded upon a tort. But the language of the statute is, “that in all cases, where any persons have mutual executions against each other in their own rights — the sheriff, at the request of the creditor, upon either execution, shall sct-olfone execution against the other.” The executions must be mutual ; that is, they must be between the…
2Cases cited5 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Simpson v. HartNew York Court of Chancery · 1814
- Sanborn v. LittleSuperior Court of New Hampshire · 1826
- Brewerton v. HarrisNew York Supreme Court · 1806
- Grant v. HazeltineSuperior Court of New Hampshire · 1823
3Cited by9 opinions
- Pine Gravel, Inc. v. CianchetteSupreme Court of New Hampshire · 1986
- Iacomini v. Liberty Mutual InsuranceSupreme Court of New Hampshire · 1985
- Dennett v. CuttsSuperior Court of New Hampshire · 1840
- Hutchins v. RiddleSuperior Court of New Hampshire · 1841
- Stafford v. PalidoreDistrict Court, Virgin Islands · 1928
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