State v. Tufts
Supreme Court of New Hampshire
From Grafton Circuit Court. Libel, for the forfeiture of certain liquors, alleged to be kept for sale in violation of law. The liquors having been duly seized on legal process, John S. Tufts was allowed to appear as claimant. Upon investigation, the court found, as matter of fact, that the town of Plymouth were the complainants; and the entry “ Town of Plymouth, complainants ” was made upon the docket, subject to the claimant’s exception.
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From Grafton Circuit Court. Libel, for the forfeiture of certain liquors, alleged to be kept for sale in violation of law. The liquors having been duly seized on legal process, John S. Tufts was allowed to appear as claimant. Upon investigation, the court found, as matter of fact, that the town of Plymouth were the complainants; and the entry “ Town of Plymouth, complainants ” was made upon the docket, subject to the claimant’s exception. The court transferred the libel from the state docket to the civil docket; to which the claimant excepted. It was suggested to the court, that the…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. 1. The entry upon the docket of the name of the complainant seems a very proper thing to be done. It cannot in any way affect the disposition to be made of the case. It does not prejudice the rights of the claimant, nor does it impose any new burdens upon him in defence of his rights. It does not change the proceedings necessary to establish the forfeiture of these liquors. Inasmuch as the statute allows any person to prosecute a complaint of this character, so far from there being any objection to entering the name of the complainant upon the docket, it would seem…
2Cases cited5 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1807
- Waldron v. TuttleSuperior Court of New Hampshire · 1827
- State v. Barrels of LiquorSupreme Court of New Hampshire · 1867
- Wood v. PrescotiMassachusetts Supreme Judicial Court · 1806
- Pierce v. Hillsborough CountySupreme Court of New Hampshire · 1874
3Cited by4 opinions
- Hoskins v. MaricleKentucky Supreme Court · 2004
- State v. MartineauSupreme Court of New Hampshire · 2002
- State Ex Rel. Duke v. MarstonSupreme Court of New Hampshire · 1888
- Hoskins v. MaricleKentucky Supreme Court · 2004