Briggs v. Wiswell
Supreme Court of New Hampshire
From Strafford Circuit Court. Replevin. The value of the property is alleged in the writ at $5,000. The bond is for $8,000. The defendants moved to quash the writ. The plaintiffs claimed, and offered to prove, that the value of the property replevied did not exceed $4,000, which the defendants denied. The plaintiffs moved to amend the writ by striking out the word “five” after the words “value of,” and inserting instead thereof the word “four.”
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From Strafford Circuit Court. Replevin. The value of the property is alleged in the writ at $5,000. The bond is for $8,000. The defendants moved to quash the writ. The plaintiffs claimed, and offered to prove, that the value of the property replevied did not exceed $4,000, which the defendants denied. The plaintiffs moved to amend the writ by striking out the word “five” after the words “value of,” and inserting instead thereof the word “four.” They also moved for leave to file a new or additional bond, as, and in such sum as, the court may order; and that the officer who served the writ…
1Opinion of the Court
FROM STRAFFORD CIRCUIT COURT. The motion to quash the writ is in the nature of a plea in abatement. No question is made here that it was not seasonably made. The objection does not go to the merits of the action, and for that reason cannot prevail unless demanded by a strict compliance with the letter of the statute.
The statute provides that the plaintiff in a writ of replevin shall give bond to the sheriff, with sufficient sureties, in a sum not less than double the value of the property replevied; conditioned to prosecute his suit, and to pay all such damages and charges as may be awarded…
2Cases cited7 opinions
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- Pettingill v. McGregorSuperior Court of New Hampshire · 1841
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Brackett v. BartlettSuperior Court of New Hampshire · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sears, Roebuck & Co. v. BonsantSupreme Court of New Hampshire · 1974