Kittredge v. Bellows
Superior Court of New Hampshire
Case agsinst the sheriff of this county. The substanee of the declaration was, that Heaton, the defendant’s deputy, having on the 27th January, 1825, attached a farm by virtue of a writ in favour of the plaintiff against Amos Philips, neglected to leave a copy of the writ and return with the town clerk of Walpole, where the land attached was situate, until the 38th January, 1825, at S oclock in the evening, although specially requested so to do ; by reason of which neglect,…
Read the full summary
Case agsinst the sheriff of this county. The substanee of the declaration was, that Heaton, the defendant’s deputy, having on the 27th January, 1825, attached a farm by virtue of a writ in favour of the plaintiff against Amos Philips, neglected to leave a copy of the writ and return with the town clerk of Walpole, where the land attached was situate, until the 38th January, 1825, at S oclock in the evening, although specially requested so to do ; by reason of which neglect, several other creditors of Phillips, who attached the land after the said attachment of the plaintiff, having left…
1Opinion of the CourtRichardson, C. J.
It is said on behalf of the defendant, in this case, that the action cannot be maintained, because the return of the officer is conclusive evidence that a copy of the writ was left with the town clerk on the 27th January.
It is by no means clear, if we should hold that the return has the effect for which counsel contend, that it would be an answer to this action. For the case states, that Heaton made the first attachment. And if he did not perfect his attachment immediately on the same day, by leaving a copy of the writ with the town clerk, so that by his neglect in this respect, others were…
2Cited by4 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Deming v. ComingsSuperior Court of New Hampshire · 1841
- Clark v. HobbsSuperior Court of New Hampshire · 1840
- Downer v. ClementSuperior Court of New Hampshire · 1840