Towns v. Pratt
Supreme Court of New Hampshire
Trover for a trunk and its contents, consisting of various articles of wearing apparel and a mahogany cabinet-box, and its contents, consisting of a cigar case, a pack of playing cards, and a breast-pin. The cause was submitted upon a statement of facts, in which it was agreed by the parties that Durgin, one of the defendants, a deputy sheriff, attached said articles as the property of the plaintiff upon a writ of attachment in favor of the other defendants.
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Trover for a trunk and its contents, consisting of various articles of wearing apparel and a mahogany cabinet-box, and its contents, consisting of a cigar case, a pack of playing cards, and a breast-pin. The cause was submitted upon a statement of facts, in which it was agreed by the parties that Durgin, one of the defendants, a deputy sheriff, attached said articles as the property of the plaintiff upon a writ of attachment in favor of the other defendants. The plaintiff was present at the time of the attachment, and was requested by the officer to take the wearing apparel from the trunk,…
1Opinion of the CourtSawyer, J.
If the trunk in question was liable to attachment, the defendant, Durgin, was authorized to seize it, although in so doing he might to some extent interfere with the plaintiff’s possession of articles contained in it which were exempted. In taking the trunk into his possession upon attaching it, he must necessarily take with it its contents; and if he intermeddled with such of them as were not liable to attachment, to no greater extent than merely to remove them from the trunk and deliver them to the owner, or, upon his declining to receive them when offered, then to keep them safely until…
2Cited by7 opinions
- In Re MimsUnited States Bankruptcy Court, E.D. North Carolina · 1985
- Landry v. LandrySupreme Court of New Hampshire · 2007
- Bank v. MinterWest Virginia Supreme Court · 1929
- Zubrod v. WintersWyoming Supreme Court · 2002
- Royal v. WalshWyoming Supreme Court · 2004
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