Runlett v. Bell
Superior Court of New Hampshire
This was an action on the case against the defendant, late the sheriff of this county, for the neglect of Joseph Aker man, one of his deputies, to serve and return an execution obtained by the plaintiff against one Jonathan Wiggin. The cause was tried here, at January term, 3 8.80, upon the general issue, and a verdict taken for the defendant, subject to the opinion of the court upon the following case.
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This was an action on the case against the defendant, late the sheriff of this county, for the neglect of Joseph Aker man, one of his deputies, to serve and return an execution obtained by the plaintiff against one Jonathan Wiggin. The cause was tried here, at January term, 3 8.80, upon the general issue, and a verdict taken for the defendant, subject to the opinion of the court upon the following case. On the 20th May, 1825, the plaintiff sued out a writ of attachment from the office of the clerk of this court against J. Wiggin, and delivered the same to J. Aker-man, then a deputy of the…
1Opinion of the Court
By the court.
The aggrievances staled in the declaration in this ease are, that the deputy of the defendant, to whom the plaintiffs execution was delivered, neither executed, nor returned it, according to law.
It appears that goods had been attached by virtue of the original writ, by the officer to whom the execution was delivered; and yet he neglected to sell the goods so attached upon the execution. In answer to this ground of action, the defendant says, in the first place, that the officer who seized the goods, delivered them for safe keeping to persons in good credit, and apparently in good…
2Cases cited8 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Jenner v. JoliffeNew York Supreme Court · 1810
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Waterhouse v. WaiteMassachusetts Supreme Judicial Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barron v. CobleighSuperior Court of New Hampshire · 1841
- Briggs v. WiswellSupreme Court of New Hampshire · 1876
- Bruce v. PettengillSuperior Court of New Hampshire · 1841
- Grafton Bank v. WhiteSuperior Court of New Hampshire · 1845