Clough v. Monroe
Supreme Court of New Hampshire
Case against tbe sheriff for an alleged false return of his deputy. A copy of the declaration, marked A, is annexed, and makes a part of this case. It was admitted that at the time the alleged cause of action arose, the defendant was sheriff of said county, and Warner Clark his deputy.
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Case against tbe sheriff for an alleged false return of his deputy. A copy of the declaration, marked A, is annexed, and makes a part of this case. It was admitted that at the time the alleged cause of action arose, the defendant was sheriff of said county, and Warner Clark his deputy. On the 29th day of October, A. I). 1858, one William Whittle sued out his writ against one Joseph W. Saunders, returnable at the Court of Common Pleas, to be holden at Amherst on the third Tuesday in April, then next; a copy of which, with the officer’s return therein, is annexed, marked B, and made a part of…
1Opinion of the CourtFowler, J.
It has been ingeniously argued by the defendant’s counsel, that this action cannot be maintained, by reason of the inefficiency and defectiveness of the declaration, in not setting forth with distinctness what part of the return is false and in what particulars; in not describing correctly the record and proceedings undertaken to be set out, and in not alleging with sufficient particularity the damage sustained in consequence of the false return of the defendant’s deputy. It has also been forcibly urged, that there is a fatal variance between the record of the judgment and the writ described,…
2Cases cited4 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- Perley v. FosterMassachusetts Supreme Judicial Court · 1812
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Karr v. DowNew Mexico Court of Appeals · 1973