Parker v. Barker
Supreme Court of New Hampshire
Appeal &om the judgment of a justice of the peace. From the writ, returns, and record of the justice, it appeared that the plaintiff' ivas described as of Wolfborough, in the county of Carroll; the principal defendant as of Alton, in the county of Belknap; and the trustee as of Wolfborough. The writ was directed to the sheriff of the county of Carroll, or his deputy, or to any constable of any town in said county.
Read the full summary
Appeal &om the judgment of a justice of the peace. From the writ, returns, and record of the justice, it appeared that the plaintiff' ivas described as of Wolfborough, in the county of Carroll; the principal defendant as of Alton, in the county of Belknap; and the trustee as of Wolfborough. The writ was directed to the sheriff of the county of Carroll, or his deputy, or to any constable of any town in said county. It was served on the trustee by a constable of Wolfborough, who also returned that he attached a quantity of boards on the wharf of the steamer Lady of the Lake, in Wolfborough, as…
1Opinion of the CourtBeli, C. J.
The action, being personal and transitory, could be properly brought in the county where either of the parties, the plaintiff or the principal defendant, resided. Rev. Stat., ch. 180, sec. 1; ch. 208, sec. 2. The justice, therefore, had jurisdiction, if the parties were regularly brought before him.
Justices’ writs must be directed to the sheriff of the county, or his deputy, or to any constable of any town in the county; Rev. Stat., ch. 182, sec. 4; except where the defendant has personal property liable to attachment, in a county in which he does not reside; Rev. Stat., sec. 6; or a trustee…
2Cited by1 opinion
- Nash v. BoydCourt of Appeals of Texas · 1949