Dickinson v. Lovell
Supreme Court of New Hampshire
Replevin, for a stock of goods. Pleas, non cepit, and issue thereon; 2d, that the goods were the property of one Brown ; that Brown was indebted to Fairbank & Co.; that the defendant was a deputy sheriff, and attached them as Brown’s property, on a writ against him in favor of Fairbank & Co., concluding' with a prayer for damages and costs.
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Replevin, for a stock of goods. Pleas, non cepit, and issue thereon; 2d, that the goods were the property of one Brown ; that Brown was indebted to Fairbank & Co.; that the defendant was a deputy sheriff, and attached them as Brown’s property, on a writ against him in favor of Fairbank & Co., concluding' with a prayer for damages and costs. Replications, that the property was the plaintiff’s, and issue thereon ; 2d, that the defendant did not attach the property on a writ of Wilson, Fairbank & Co..; 3d, that said Brown was not indebted to Fairbank & Co. On each of these replications issue was…
1Opinion of the CourtBell, J.
The case of Brown v. Davis, 9 N. H. 76, quoted and relied on in Angier v. Ash, 6 Foster 99, establishes the principle that the return of an officer, upon legal process, of matters material and proper to' be returned, is conclusive between parties and privies, and others connected with the suit as bail, &c., but not as to third persons. It becomes a question, then, in this case, whether the plaintiff is a privy to the suit in which this attachment is alleged to be made, or a third person, unconnected with the suit. If he is a privy, the ruling of the court that the return was conclusive was…
2Cases cited11 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Crocker v. CraneNew York Supreme Court · 1839
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Prosser v. WoodwardNew York Supreme Court · 1839
- Harrison v. M'IntoshNew York Supreme Court · 1806
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3Cited by3 opinions
- Carpenter v. BaileySupreme Court of New Hampshire · 1876
- Pearson v. WheelerSupreme Court of New Hampshire · 1874
- Smart v. BatchelderSupreme Court of New Hampshire · 1876