Hills v. Hoitt
Superior Court of New Hampshire
Trespass ,de bonis. The defendant pleaded that he was sheriff of the county, and that the goods were taken by Nathaniel Wiggin, one of his deputies, by virtue of a writ against one Elias W. Hill. The plaintiff replied that he ought not to be barred, &c., because the goods were his, and not the property of Elias W. Hills, &c., and issue was joined.
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Trespass ,de bonis. The defendant pleaded that he was sheriff of the county, and that the goods were taken by Nathaniel Wiggin, one of his deputies, by virtue of a writ against one Elias W. Hill. The plaintiff replied that he ought not to be barred, &c., because the goods were his, and not the property of Elias W. Hills, &c., and issue was joined. At the term at which the action was entered the defendant moved to quash the writ, for the reason that the action of 'trespass could not be maintained against him for the cause alleged. This motion having been overruled, it was, after the pleadings,…
1Opinion of the CourtWoods, J.
The statute supposed to govern this case is chapter 180, section 12, of the Revised Statutes, by which it is provided that “An action upon the case, and no other, shall be commenced against any sheriff, deputy sheriff, coroner, or other officer, for any damages arising from any default or misconduct in his office.”
■ Before the passage of that act it was optional with parties injured by the official neglect, default or misconduct of the sheriff, or other officers named, to pursue their *387remedy by an action on the case, or by an action of debt, in certain cases, and in these eases the measure of…
2Cases cited1 opinion
- Gerrish v. EdsonSuperior Court of New Hampshire · 1817