Lewis v. Clagett
Superior Court of New Hampshire
This was replevin, for taking and impounding at Derryfield, Aug. 4, 1806, ninety-two cribs of pine boards, value $184. Writ dated Aug. 4, 1806 ; served Aug. 5, 1806. Avowry: Jona. Greeley by writ attached the boards (defendant, deputy sheriff, made the attachment) as the property of one Samuel Stevens, whose property they were; this attachment made Aug. 5, 1806. Plea : the property of plaintiffs, and not the property of Stevens ; and prays return.
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This was replevin, for taking and impounding at Derryfield, Aug. 4, 1806, ninety-two cribs of pine boards, value $184. Writ dated Aug. 4, 1806 ; served Aug. 5, 1806. Avowry: Jona. Greeley by writ attached the boards (defendant, deputy sheriff, made the attachment) as the property of one Samuel Stevens, whose property they were; this attachment made Aug. 5, 1806. Plea : the property of plaintiffs, and not the property of Stevens ; and prays return. Replication: the property of Stevens. Issue. At the last Term the jury found a verdict for plaintiffs, damages $1. Motion in arrest of judgment.
1Opinion of the Court 1
At this Term,
2Opinion of the Court · SmithSmith, C. J.
1. [First objection.] The property not sufficiently described.
*188It is clear the property must be described with certainty to a general intent. 6 G. Bacon, 71; Lawes, 57; Butler, 53. This perhaps ill on special demurrer, but it is sufficient after verdict. Defendant has avowed taking the boards. This cures the defect in the description. 2 Sellon, 254; 2 Lil. 353. (a)
2. [Second objection.] There cannot be judgment for plaintiffs on this verdict, because it does not find, as it ought, that the boards were the property of the plaintiffs, but only that they were not the property of…
3Cases cited10 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- Farwell v. FoxMichigan Supreme Court · 1869
- Wilson v. GraySupreme Court of Pennsylvania · 1839
- De Witt v. MorrisNew York Supreme Court · 1835
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