Parker v. Barker
Supreme Court of New Hampshire
In equity. The bill sets forth that the complainant, Charles H. Parker, is a deputy sheriff, and has in his hands $1,840.21, received on sale of goods of E. D. Barker, attached and sold on writs against him by agreement of parties, and that this money, the defendants claim, should be paid to them in sums hereafter stated; That "W. Barker was plaintiff in the first action and attachment, and March 1,1860, obtained judgment against E. I). Barker for $3,148.79 debt, and $159.63…
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In equity. The bill sets forth that the complainant, Charles H. Parker, is a deputy sheriff, and has in his hands $1,840.21, received on sale of goods of E. D. Barker, attached and sold on writs against him by agreement of parties, and that this money, the defendants claim, should be paid to them in sums hereafter stated; That "W. Barker was plaintiff in the first action and attachment, and March 1,1860, obtained judgment against E. I). Barker for $3,148.79 debt, and $159.63 costs, took out execution, and on the 22d delivered it to the plaintiff. March 30th he demanded and received the…
1Opinion of the Court
Bell, C. J.*
It is objected to this bill, that a bill of interpleader does not lie for a sheriff to compel parties who claim the property which he has taken on execution, to litigate their rights as between themselves.
A single English case is cited in support of this position— Slingsby v. Boulton, 1 V. & B. 334 — thus stated: “Where goods, seized and sold by a sheriff, were claimed by trustees under a settlement, who brought an action of trover therefor against him, Lord Eldon refused an injunc*88tion, upon an interpleader bill filed against the trustees, and the creditor in the execution. He…
2Cases cited5 opinions
- Shaw v. CosterNew York Court of Chancery · 1840
- Nash v. SmithSupreme Court of Connecticut · 1827
- Bradhurst v. BradhurstNew York Court of Chancery · 1829
- Hill v. PrattSupreme Court of Vermont · 1856
- Shaw v. ChesterNew York Court of Chancery · 1834
3Cited by2 opinions
- Beane v. MII Technologies, L.L.C.District Court, D. New Hampshire · 2012
- Beane v. Mii Technologies, et al.District Court, D. New Hampshire · 2012