Sias v. Badger
Superior Court of New Hampshire
TRover, for a cow, and ten tons of hay. The cause was tried at January term, 1833, upon the general issue, and a verdict returned in favor of the defendant, which, was taken, subject to the opinion of the court upon the following case.
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TRover, for a cow, and ten tons of hay. The cause was tried at January term, 1833, upon the general issue, and a verdict returned in favor of the defendant, which, was taken, subject to the opinion of the court upon the following case. The defendant, being a deputy sheriff, and having in his hands two writs against Sias, one in favor of James Shaw, and the other in favor of Francis Cogswell, on the 15th November, 1828, by virtue of the same writs, attached two cows and the ten tons of hay. In those suits, judgment was rendered, in favor of Shaw, at April term of the Common Pleas, in this…
1Opinion of the CourtUp ham, J.
The statute, regulating the sale of goods, taken by virtue of an execution, renders it the duty of the officer to make a return of the execution, with his doings thereon, particularly describing the goods and chattels taken, and the sum for which each article was sold. And when his proceedings are regularly set forth, in compliance with the statute, and the execution is duly returned, the return is evidence of the doings of the officer, even in his own favor. 3 Starkie’s Evi. 1358; 3 Mass. Rep. 487, Livermore v. Bagley; 7 Cowen, 310; 2 N. H. Rep. 391. And in such case, neither trover nor…
2Cases cited2 opinions
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
- Davis v. ClementsSuperior Court of New Hampshire · 1821
3Cited by2 opinions
- Barrett v. CopelandSupreme Court of Vermont · 1844
- Angier v. AshSuperior Court of New Hampshire · 1852