Baldwin v. Wentworth
Supreme Court of New Hampshire
Trover, for a yoke of oxen and other cattle. Plea, the general issue, with a brief statement that the defendant, a deputy sheriff, took the cattle, August 16, 1889, on a writ against Daniel Day, and that they were Day’s property. Verdict for the plaintiff. The plaintiff, who was the first witness called, testified that in May, 1889, he sold the oxen to one Sanborn for $90, and that the defendant took them from Sanborn’s possession.
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Trover, for a yoke of oxen and other cattle. Plea, the general issue, with a brief statement that the defendant, a deputy sheriff, took the cattle, August 16, 1889, on a writ against Daniel Day, and that they were Day’s property. Verdict for the plaintiff. The plaintiff, who was the first witness called, testified that in May, 1889, he sold the oxen to one Sanborn for $90, and that the defendant took them from Sanborn’s possession. No question respecting the sale was put to him on cross-examination, and no allusion to this testimony was made by either party (except on the question of the…
1Opinion of the CourtBlodgett, J.
The request came too late. If it had been made seasonably the plaintiff would have had an opportunity to obviate the objection as to his title by further evidence, and doubtless would have done so. But however this may be, the defendant could not lie by until after the evidence, arguments, and charge to the jury were closed, and then first avail himself of ail objection that was open to him, and which in fairness he ought to have taken as soon as the evidence for the plaintiff was closed, or, at latest, when the evidence was closed on both sides. Brown v. Insurance Co., 59 N. H. 298; Bole v.…
2Cited by8 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- State v. MannionSupreme Court of New Hampshire · 1927
- Elwell v. RoperSupreme Court of New Hampshire · 1904
- Farnham v. AndersonSupreme Court of New Hampshire · 1907
- Clark v. MiddletonSupreme Court of New Hampshire · 1907
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