Nihan v. Knight
Supreme Court of New Hampshire
From Grafton Circuit Court. This is a motion to bring forward the action to save an attachment. The action was entered at the March term, 1874, and continued to September term, 1874, when it was entered on the clerk’s docket “ default, judgment; ” but no judgment was «ver entered up, and no execution was issued. There was an attachment of personal property on the writ, and a receipt was given for the same.
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From Grafton Circuit Court. This is a motion to bring forward the action to save an attachment. The action was entered at the March term, 1874, and continued to September term, 1874, when it was entered on the clerk’s docket “ default, judgment; ” but no judgment was «ver entered up, and no execution was issued. There was an attachment of personal property on the writ, and a receipt was given for the same. The receiptor was of doubtful responsibility, and the plaintiff, after the receipt was given and before the property had been removed, objected to him; but the officer informed him, in…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. The question of discretion transferred for our consideration in this case is, whether, upon the facts stated, the motion of the plaintiff to have the action brought forward and judgment entered in the circuit court at the March term, 1875, for the purpose of saving his attachment, ought to have been granted; and I must say, it seems extremely clear to me it ought not. The action was entered at the March term, 1874, and continued. Whether it was answered to does not appear; but at the September term it was entered on the clerk's docket "default, judgment." This…
2Cases cited1 opinion
- Hackett v. PickeringSuperior Court of New Hampshire · 1829
3Cited by2 opinions
- Murphy v. HillSupreme Court of New Hampshire · 1896
- Hangen v. Robinson, et al.District Court, D. New Hampshire · 1997