Ramsey v. Landry
Supreme Court of New Hampshire
Debt, upon a replevin bond. Trial by the court and verdict for ■ plaintiff. The following facts were found: January 9, 1911, Thomas B. Donnelly, a deputy of the plaintiff, sheriff of the county, attached upon a writ in favor of Leda Pepin an automobile as the property of the defendant in the writ, Joseph DeChamplain, and upon the next day made a second attachment At the May term, 1914, the action was brought forward and the judgment vacated upon the ground of mistake (in…
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Debt, upon a replevin bond. Trial by the court and verdict for ■ plaintiff. The following facts were found: January 9, 1911, Thomas B. Donnelly, a deputy of the plaintiff, sheriff of the county, attached upon a writ in favor of Leda Pepin an automobile as the property of the defendant in the writ, Joseph DeChamplain, and upon the next day made a second attachment At the May term, 1914, the action was brought forward and the judgment vacated upon the ground of mistake (in omitting reference in the judgment and execution to the Pepin attachment), and at the January term, 1917, the execution…
1Opinion of the CourtParsons, C. J.
Bringing forward the action, Landry v. Donnelly, and vacating the erroneous judgment rendered therein was proper procedure for the correction of the error. Clough v. Moore, 63 N. H. 111, 113; Moore v. Carpenter, 63 N. H. 65. To this procedure no exception is taken. The only exceptions relate to the orders made upon final hearing. The order of judgment for Donnelly must have been based upon a finding that at the time of the replevin his title was superior to Landry’s. It is not claimed such finding was unsupported by evidence. Landry having failed to establish his title to the property cannot…
2Cases cited2 opinions
- Clough v. FowlerSupreme Court of New Hampshire · 1884
- Moore v. CarpenterSupreme Court of New Hampshire · 1884
3Cited by2 opinions
- Canney v. EmersonSupreme Court of New Hampshire · 1927
- Roper v. Caterpillar Tractor Co.Montana Supreme Court · 1934