Brown v. Davis
Superior Court of New Hampshire
Thespass, for taking and carrying away, from the possession of the plaintiff, a two horse wagon. The defendant pleaded the general issue, and filed a brief statement, alleging that he was a deputy sheriff—that the wagon was the property of one Daniel Cressey, and had been attached by him on two writs against said Cressey, one in favor of Nathan Melvin, and the other in favor of Stephen W. Marston, which were duly entered and prosecuted; and that the supposed trespass was…
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Thespass, for taking and carrying away, from the possession of the plaintiff, a two horse wagon. The defendant pleaded the general issue, and filed a brief statement, alleging that he was a deputy sheriff—that the wagon was the property of one Daniel Cressey, and had been attached by him on two writs against said Cressey, one in favor of Nathan Melvin, and the other in favor of Stephen W. Marston, which were duly entered and prosecuted; and that the supposed trespass was merely reclaiming said property, which had been wrongfully taken from the defendant after said attachment. The plaintiff…
1Opinion of the CourtParker, J.
It is not contended that an attachment of this wagon on Sunday would be legal, and the actual possession of it, by the defendant, on that day, cannot avail to defeat the plaintiff’s action, if no attachment had been made by the defendant on Saturday. There is evidence in the case, if it can lawfully be received, which tends very strongly to show that the defendant had not the actual possession of the wagon on Saturday, and that he was not present where the wagon was so that he could have taken possession of it, or have removed it; or, in other words, that it was not in his custody, or within…
2Cases cited6 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Watson v. WatsonSupreme Court of Connecticut · 1827
- Warden v. AdamsMassachusetts Supreme Judicial Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parker v. GuillowSuperior Court of New Hampshire · 1839
- Wells v. BurbankSuperior Court of New Hampshire · 1845
- Hall v. TenneySuperior Court of New Hampshire · 1841
- Galusha v. CobleighSuperior Court of New Hampshire · 1842
- Angier v. AshSuperior Court of New Hampshire · 1852
5 more not listed; retrieve them via the Exa API.