Page v. Thompson
Supreme Court of New Hampshire
This was an action on the case against the sheriff of Grafton County, for the default of his deputy, Martin, in not returning an execution in favor of David Page against John Buzzell, and paying over the money collected thereon.
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This was an action on the case against the sheriff of Grafton County, for the default of his deputy, Martin, in not returning an execution in favor of David Page against John Buzzell, and paying over the money collected thereon. The report of the referee, to whom the action was committed, showed that after the recovery of this judgment, it was duly assigned, and for a valuable consideration, to this plaintiff, and that when the execution was put into the hands of Martin, he was duly notified of the assignment, and directed to pay the money collected upon it to this plaintiff; that .the money…
1Opinion of the CourtBellows, J.
The declaration describes a judgment recovered by the plaintiff by the name and addition of David Page; but the judgment offered in evidence was recovered by David Page, and not this plaintiff', they being distinct persons; and there is, therefore, a variance; but the defect may be cured by amendment. As this objection may be avoided by an amendment, we have examined the' other questions in the case; namely, whether a writ can be maintained at all, in the name of the plaintiff'; and if so, what is the effect of the proceedings in the foreign attachment.
As to the first point, the case is, that…
2Cases cited4 opinions
- Harrington v. WardMassachusetts Supreme Judicial Court · 1812
- Sumner v. BuelNew York Supreme Court · 1815
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
- Armstrong v. GarrowNew York Supreme Court · 1826
3Cited by1 opinion
- Corning v. RecordsSupreme Court of New Hampshire · 1898