Avery v. Bowman
Supreme Court of New Hampshire
In Equity. The bill alleged, in substance, that, on or about the 18th day of July, 1841, Lyman B. Walker, under whom, the plaintiffs claim, one as administrator of his estate and the other as his only child and heir, sued out of the office of the clerk of the- Court of Common Pleas for Belknap county, his writ of attachment against the defendant Bowman, and caused to be attached thereon certain land which said Bowman, on the 20th day of November, 1840, had fraudulently…
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In Equity. The bill alleged, in substance, that, on or about the 18th day of July, 1841, Lyman B. Walker, under whom, the plaintiffs claim, one as administrator of his estate and the other as his only child and heir, sued out of the office of the clerk of the- Court of Common Pleas for Belknap county, his writ of attachment against the defendant Bowman, and caused to be attached thereon certain land which said Bowman, on the 20th day of November, 1840, had fraudulently conveyed to the other defendant Libby; that, at a term of said court holden on the second Tuesday of February, 1848, said…
1Opinion of the CourtFowler, J.
The execution correctly described the judgment on which it was founded, was recognized by the debtor -when he chose an appraiser on his part, and was valid and effectual, notwithstanding the mistake of the clerk in adding together the separate amounts of debt and costs included in the judgment. The levy made upon it was consequently valid, unless vitiated by reason of its being made for too large a sum. Morse v. Dewey, 3 N. H. 535, and authorities cited; 26 Me. 411; 10 Johns. 381.
*456The bill expressly states, and tbe demurrer admits that, if tbe levy was for too much, it was not tbe fault of the…
2Cases cited11 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813
- Hathaway v. HemingwaySupreme Court of Connecticut · 1850
- Eastman v. CurtisSupreme Court of Vermont · 1832
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bonser v. Town of NottinghamDistrict Court, D. New Hampshire · 1997