Buckman v. Buckman
Superior Court of New Hampshire
Assumpsit upon anote dated August 8, 1825, for $165, payable to the plaintiff, or order, on demand with interest. The plaintiff sued his writ returnable at the September term of the court of common pleas, in this county, 1826, and caused certain lands and chattels of the defendant to be attached by virtue of the same writ.
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Assumpsit upon anote dated August 8, 1825, for $165, payable to the plaintiff, or order, on demand with interest. The plaintiff sued his writ returnable at the September term of the court of common pleas, in this county, 1826, and caused certain lands and chattels of the defendant to be attached by virtue of the same writ. At February term of the common pleas, 1828, certain creditors of the defendant, who had subsequently caused the same land and chattels to be attached as the property of the defendant, suggested to the court, that the suit was prosecuted with collusion between the parties…
1Opinion of the Court
By the court.
The appeal is sustained. The order of the common pleas was a final determination of the action there, from which an appeal may be claimed. 5 Mass. Rep. 193, Tappan v. Bruen; 15 ditto, 178, Gilbreth v. Brown; 4 ditto, 107, Lamplear v. Lamprey; 2 ditto, 141, Bemis v. Faxon.
The course of the common pleas is different from the settled practice of this court in this class of cases. We cannot try the issue which has been joined in this case, but if the creditors will give security to pay all the costs which the plaintiff may recover, they will be permitted to defend in the name of the…
2Cases cited1 opinion
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Pike v. PikeSuperior Court of New Hampshire · 1852
- Dunbar v. StarkeySuperior Court of New Hampshire · 1848
- Holland v. SeaverSuperior Court of New Hampshire · 1850