Parker v. Guillow
Superior Court of New Hampshire
Foreign attachment. In answer to the general interrogatory, the trustee disclosed that some time in April, 1837, the officer who made return of the writ came to him, and asked him if John Guillow, jr., one of the principal debtors, worked for him, and if he owed him any thing ; to which he replied that there were unsettled accounts between them, and he might be owing him some — that the officer then made known to him that he had a trustee writ against him, partly unfolded…
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Foreign attachment. In answer to the general interrogatory, the trustee disclosed that some time in April, 1837, the officer who made return of the writ came to him, and asked him if John Guillow, jr., one of the principal debtors, worked for him, and if he owed him any thing ; to which he replied that there were unsettled accounts between them, and he might be owing him some — that the officer then made known to him that he had a trustee writ against him, partly unfolded it, read that part of it setting forth the declaration, and then put up the writ, saying that he wished the trustee to say…
1Opinion of the CourtParker, C. J.
The disclosure of the trustee, so far as it tends to show that the service of the writ on him was not completed, cannot be received to contradict the return of the officer that he had served the writ upon the trustee; that being a matter material to be returned. Brown vs. Davis, 9 N. H. Rep. 76. There is not sufficient evidence, arising from the disclosure, to show fraud in the officer, or to authorize us to set aside the return. If the return can be shown to be false, the trustee may have a remedy by an action for a false return.
The return being taken to be true, it appears that the trustee…
2Cases cited1 opinion
- Brown v. DavisSuperior Court of New Hampshire · 1837
3Cited by3 opinions
- Angier v. AshSuperior Court of New Hampshire · 1852
- Bailey v. KimballSuperior Court of New Hampshire · 1853
- Messer v. BaileySuperior Court of New Hampshire · 1855