Messer v. Bailey
Superior Court of New Hampshire
Replevin, for one yoke of oxen, two cows, and various articles of goods and chattels, of the value of one thousand, dollars, property of the plaintiff, alleged to have been taken by the defendant, on the 27th day of January, 1851, at Salem, in this county, on the premises formerly occupied by John L. Clendenin.
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Replevin, for one yoke of oxen, two cows, and various articles of goods and chattels, of the value of one thousand, dollars, property of the plaintiff, alleged to have been taken by the defendant, on the 27th day of January, 1851, at Salem, in this county, on the premises formerly occupied by John L. Clendenin. The defendant, in his pleading, set forth that the plaintiff ought not to have and maintain his action against him, “ because the defendant says that he, at the time of the taking of said cattle, goods and chattels, alleged in said declaration, and for a long time before was, ever…
1Opinion of the CourtEastman, J.
This cause having been taken from the jury, by the consent of parties, with an agreement that such judgment should be rendered for the one party or the other, as this court should order, or a new trial be had, if the court should so direct, the questions are submitted to us as upon an agreed case, and we shall proceed so to consider them.
The plaintiff, by his writ of replevin, has obtained possession of the property in controversy. The sheriff, by the terms of the precept, was commanded to deliver the same to him, upon giving bonds, &c., and all the plaintiff now claims, or is entitled to…
2Cases cited9 opinions
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Watson v. WatsonSupreme Court of Connecticut · 1827
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Howard v. DanielsSuperior Court of New Hampshire · 1819
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