Pettingill v. Rideout
Superior Court of New Hampshire
Trespass for taking the plaintiff’s horse. The suit was commenced on the 16th December, 1831. The cause was tried upon the general issue, at September term, 1832, when it appeared that at February term, of this court, here in 1832, the defendant was convicted of stealing the horse which was the same taking of which the plaintiff complained in this suit. contended, that the action could not be maintained, because it was commenced before the conviction, the civil remedy being…
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Trespass for taking the plaintiff’s horse. The suit was commenced on the 16th December, 1831. The cause was tried upon the general issue, at September term, 1832, when it appeared that at February term, of this court, here in 1832, the defendant was convicted of stealing the horse which was the same taking of which the plaintiff complained in this suit. contended, that the action could not be maintained, because it was commenced before the conviction, the civil remedy being merged in the felony, until conviction. But the court overruled the objection. After a verdict in favor of the…
1Opinion of the CourtRichardson, C. J.
It is urged, in thisjcase, that the party injured, can maintain no action commenced before the conviction of the offender, because the civil remedy was merged in the felony until the conviction, and did not emerge until after that event, so that in fact there was no cause of action when the suit was commenced.
But how the civil remedy can at this day be considered as merged in the felony, counsel has made no attempt to explain ; nor does it seem to us to admit of any explanation.
*455When an assault upon an individual ends in murder, it may be said that the assault is merged in the higher crime of…
2Cases cited1 opinion
- Grafton Bank v. FlandersSuperior Court of New Hampshire · 1827
3Cited by3 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Pioneer Mining Co. v. TybergCourt of Appeals for the Ninth Circuit · 1914
- Standard v. BucknerCourt of Appeals of Kentucky · 1977