Kittredge v. Holt
Supreme Court of New Hampshire
Replevin, for a horse, wagon, and harness. Plea, the general issue, with a brief statement. For the purpose of obtaining the opinion of the superior court upon questions of law supposed to arise therein, and for no other purpose, the following statement of facts is agreed upon by the parties: The said horse, wagon, and harness, while in possession of the plaintiff, were attached by the defendant, a deputy sheriff, as the property of Henry G. Kittredge, upon a writ in favor…
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Replevin, for a horse, wagon, and harness. Plea, the general issue, with a brief statement. For the purpose of obtaining the opinion of the superior court upon questions of law supposed to arise therein, and for no other purpose, the following statement of facts is agreed upon by the parties: The said horse, wagon, and harness, while in possession of the plaintiff, were attached by the defendant, a deputy sheriff, as the property of Henry G. Kittredge, upon a writ in favor of H. H. Chamberlain & Co., March 16, 1874, and on the same day was receipted for by the plaintiff, “ not hereby waiving…
1Concurrence
I think the only effect of the act of 1873, in amendment of Gen. Stats., ch. 226, sec. 2, upon which the plaintiff here relies, was to enlarge the action of replevin by making it applicable where there is an illegal detention of property as well as where there has been an unlawful taking; that is, to give the action of replevin in the detinet as well as in the cepit. The property here was in the custody of the officer on final process at the time the replevin was brought, and it is well settled in this state that replevin in such case does not lie. Mitchell v. Roberts,50 N.H. 486, and cases…
2Cases cited1 opinion
- Mitchell v. RobertsSupreme Court of New Hampshire · 1871