Scott v. Manchester Print Works
Supreme Court of New Hampshire
Trover, for four iron retorts, iron pipe, and other machinery used in the manufacture of pyroligneous acid, coal and tar.
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Trover, for four iron retorts, iron pipe, and other machinery used in the manufacture of pyroligneous acid, coal and tar. The plaintiff having a writ for service in favor of one Brown against one Carter, made a return thereon as follows : “Hillsborough ss., August 22, 1859. I this day attached all the right, title and interest that the within named defendant has in or unto any lands, tenements and buildings, or real estate whatsoever, lying or being situated in the town of Hillsborough, in said county, and all the machinery or apparatus, movable or otherwise, in or about his buildings, used…
1Opinion of the CourtBartlett, J.
If the articles in question are to be regarded as part of tbe realty, and that had belonged to Carter, still the attachment, if at all effectual, would have given this plaintiff, the officer who served the writ, no right of property in or possession of the real estate. Kittredge v. Warren, 14 N. H. 526.
If the articles are to be regarded as personal property, we think the return does not show a sufficient attachment. In Lathrop v. Blake, 23 N. H. 59, the question whether machinery could be attached by merely leaving a copy of the writ and return with the town-clerk was left undecided.
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2Cases cited7 opinions
- Fullam v. StearnsSupreme Court of Vermont · 1857
- Nichols v. PattenSupreme Judicial Court of Maine · 1841
- Bicknell v. TrickeySupreme Judicial Court of Maine · 1852
- Bucklin v. CramptonSupreme Court of Vermont · 1848
- Darling v. DodgeSupreme Judicial Court of Maine · 1853
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3Cited by1 opinion
- Deasy v. Dernham Co. (In Re Blondheim Modular Manufacturing, Inc.)United States Bankruptcy Court, D. New Hampshire · 1986