Sanford Manufacturing Co. v. Wiggin
Superior Court of New Hampshire
Replevin, for 13 bales of cotton. The defendant pleaded the general issue, with a brief statement, alleging that the cotton was the property of one Isaac Hayden ; that the defendant was a deputy sheriff, and had in his hands three writs of attachment against Hayden, one of which was in favor of the Despatch Line of Packets, and attached the cotton as the property of Hayden, and took it away by virtue of said writs, as he might lawfully do, &c.
Read the full summary
Replevin, for 13 bales of cotton. The defendant pleaded the general issue, with a brief statement, alleging that the cotton was the property of one Isaac Hayden ; that the defendant was a deputy sheriff, and had in his hands three writs of attachment against Hayden, one of which was in favor of the Despatch Line of Packets, and attached the cotton as the property of Hayden, and took it away by virtue of said writs, as he might lawfully do, &c. The plaintiffs admitted that the cotton was once the property of Hayden, that the defendant was a deputy sheriff, and had in his hands the writs…
1Opinion of the CourtGilchrist, J.
To support the action of replevin, the plaintiff must have had at the time of the caption, either the general property in the goods taken, or a special property therein. In this respect it is like the action of trover. If the plaintiff has not the immediate right of possession, replevin cannot be supported, but the party must proceed by an action on the case. 1 Ch. Pl. 187, 188.
The defendant pleaded the general issue, non cepit moda et form,a. This plea puts in issue not only the taking, but *446also the taking in the place mentioned in the declaration. 1 Ch. Pl. 537. And the plaintiff will fail,…
2Cases cited2 opinions
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
- Leggett v. BoydNew York Supreme Court · 1829
3Cited by4 opinions
- King v. BatesSupreme Court of New Hampshire · 1876
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Flanders v. ColbySuperior Court of New Hampshire · 1853
- King v. HopkinsSupreme Court of New Hampshire · 1876