Richards v. Gilmore
Superior Court of New Hampshire
Case against the sheriff of the county of Sullivan, for the neglect of his deputy, Jeremiah Newell. It appeared in evidence, that on the 12th August, 1836, the plaintiff, having a demand against Rufus Durkee and Ruel Durkee, sued out a writ thereon, and delivered it to Newell for service—That he on the same day attached, as the property of the Durkees, a tract of land in Croydon, bounded west and north by a highway, east by land of Samuel Blanchard and the Emery place, and…
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Case against the sheriff of the county of Sullivan, for the neglect of his deputy, Jeremiah Newell. It appeared in evidence, that on the 12th August, 1836, the plaintiff, having a demand against Rufus Durkee and Ruel Durkee, sued out a writ thereon, and delivered it to Newell for service—That he on the same day attached, as the property of the Durkees, a tract of land in Croydon, bounded west and north by a highway, east by land of Samuel Blanchard and the Emery place, and south by land of John Lovering, commonly called the Pine Hill pasture. The writ was duly returned and entered, and…
1Opinion of the CourtUpham, J.
This case raises the question as to the general duties of an officer where an execution has been placed in his hands for collection. The command on the officer, in our established form of execution, requires him to attach the goods or estate of the debtor, if any may be found within his precinct, and for want thereof to take the body. He is, also, required to make due return of the execution. This command, independent of any directions from the creditor, imposes the duty on the officer of the exercise of due care and diligence in these several particulars.
*497One portion of the command of the…
2Cited by2 opinions
- Grafton Bank v. WhiteSuperior Court of New Hampshire · 1845
- State v. FifieldSuperior Court of New Hampshire · 1845