Holman v. Kingsbury
Superior Court of New Hampshire
This was a writ of error upon a judgment of the court of common pleas rendered in this county at September-term, 1826. Kingsbury brought an action of trespass against Holman for taking and converting a waggon belonging to Kingsbury to bis own use.
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This was a writ of error upon a judgment of the court of common pleas rendered in this county at September-term, 1826. Kingsbury brought an action of trespass against Holman for taking and converting a waggon belonging to Kingsbury to bis own use. Holman pleaded, first, not guilty, on which issue was joined ; seeond, in bar, that on the 14th November, 1825, he purchased a writ of attachment against one Jared Balster in due form of law and delivered the same to a deputy of the sheriff to be served and that the deputy by virtue of the writ and the defendant as his servant took the waggon as the…
1Opinion of the Court
Richardson, C, J.
It is very clear, that a judgment founded upon an imperfect verdict is erroneous, so that the only question to be determined in this case is, whether all the matter necessary to entitle the plaintiff in the original suit to judgment can be collected from the verdict returned. We have attentively examined the verdict. It is expressly found that the waggon was not the property of Balster, but was the property of Kingsbury ; and we think it may be collected from the finding that Holman took the waggon ; and if from the finding that Holman took the waggon of Kingsbury it must be…
2Cases cited1 opinion
- Clark v. CarltonSuperior Court of New Hampshire · 1817
3Cited by3 opinions
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854
- Pettes v. BinghamSuperior Court of New Hampshire · 1840
- Burt v. StevensSuperior Court of New Hampshire · 1850