Young v. Walker
Superior Court of New Hampshire
Trover, for a horse. It was agreed by the parties that the plaintiff, who was a deputy sheriff, on the 21st day of August, 1839, attached the horse in controversy, upon a writ in favor of Thomas Burleigh against Charles H. Butters» as the property of Butters, at which time the horse was kept by Asa Gove, at the expense of Butters.
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Trover, for a horse. It was agreed by the parties that the plaintiff, who was a deputy sheriff, on the 21st day of August, 1839, attached the horse in controversy, upon a writ in favor of Thomas Burleigh against Charles H. Butters» as the property of Butters, at which time the horse was kept by Asa Gove, at the expense of Butters. The defendant, at the request of Butters, then gave the plaintiff a receipt for the horse, in the ordinary form, promising to deliver him on demand. Prom the time of the attachment, until the 18th day of October following, Butters used the horse as before, and in…
1Opinion of the CourtGilchrist, J.
It is contended that the use of the horse by Butters, from the time of the first to the time of the second attachment, was ipso fado a dissolution of the first attachment. The case of Dunklee vs. Pales, 5 N. H. Rep. 527, is often referred to as an authority in favor of the position, that wherever goods attached are permitted to return to the possession of the debtor, the attachment is ipso fado dissolved, so that any other creditor may attach and hold them. Indeed, such is the language of Richardson, C. J., in pronouncing the judgment of the court.
It may be well to enquire, what was the…
2Cases cited7 opinions
- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
- Baldwin v. JacksonMassachusetts Supreme Judicial Court · 1815
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
- Poole v. SymondsSuperior Court of New Hampshire · 1818
- Sinclair v. TarboxSuperior Court of New Hampshire · 1819
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3Cited by1 opinion
- Tucker v. TiltonSupreme Court of New Hampshire · 1875