Moore v. Graves
Superior Court of New Hampshire
. Trespass de bonis asport-atis. The case was tried here, upon the general issue, at October term, 1825, when it appeared in evidence, that one John JWJS’eil, having sued out a writ against one Isaac Jones, the sheriff of this county deputed the plaintiff to serve the same. The deputation was on the back of the writ, and was as follows : “ I hereby constitute and appoint Jotham Moore, to serve tc and return this writ, according to law.
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. Trespass de bonis asport-atis. The case was tried here, upon the general issue, at October term, 1825, when it appeared in evidence, that one John JWJS’eil, having sued out a writ against one Isaac Jones, the sheriff of this county deputed the plaintiff to serve the same. The deputation was on the back of the writ, and was as follows : “ I hereby constitute and appoint Jotham Moore, to serve tc and return this writ, according to law. “ Witness my hand and seal, this 11th day of April, 1822, “ at the risk of the plaintiff. “ B. P., sheriff,” There was also on the back of the writ a…
1Opinion of the CourtRichardson, C. J.
The defendant claims a new trial, in this case, on two grounds. In the first place, he contends, that the attachment made by the plaintiff, was void, and, therefore, gave him no right to hold the goods. In the second place, he urges, that, admitting the attachment to have been valid, a general deputy of the sheriff had a right to take away the goods, and hold them, by virtue of other legal process, against the same debtor, subject to the attachment made by the plaintiff, who was only a special deputy.
It is said, that the attachment, made by the plaintiff, was void, for two reasons; 1st,…
2Cases cited3 opinions
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- Odiorne v. ColleySuperior Court of New Hampshire · 1819
3Cited by8 opinions
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Morse v. CalleySuperior Court of New Hampshire · 1830
- Golding's PetitionSupreme Court of New Hampshire · 1876
- Horn v. WhittierSuperior Court of New Hampshire · 1833
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