George v. Fellows
Supreme Court of New Hampshire
Trover, for a horse attached by the defendant, a deputy sheriff. The plaintiff claimed that it was exempt from attachment. He was superintendent of the Grafton county poor-farm. Besides three horses owned by the county, he kept his own horse on the farm; and his evidence tended to show that he used it to go to the store, post-office, and mill, buy cattle for the farm, convey his children to school three or four times a week, and his family to church on Sundays.
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Trover, for a horse attached by the defendant, a deputy sheriff. The plaintiff claimed that it was exempt from attachment. He was superintendent of the Grafton county poor-farm. Besides three horses owned by the county, he kept his own horse on the farm; and his evidence tended to show that he used it to go to the store, post-office, and mill, buy cattle for the farm, convey his children to school three or four times a week, and his family to church on Sundays. Subject to the plaintiff’s exception, the court refused to instruct the jury that if the plaintiff required the horse in educating…
1Opinion of the CourtBingham, J.
Beasts of the plow, not exceeding a yoke of oxen or a horse, when required for farming or teaming purposes, or other actual use, are exempt from attachment and levy on execution. Laws of 1871, c. 30 ; Gen. Laws, c. 224, s. 2. The “ other actual ” use is such other labor as the reasonable necessities of the debtor require. Somers v. Emerson, 58 N. H. 48.
The duty of parents to educate their children is of the greatest importance. 1 Bl. Com. 450, 451. At common law this is said to be a moral but not a legal obligation. Cooley on Torts 40. Blackstone says it is a defect in the municipal laws of…
2Cases cited1 opinion
- Somers v. EmersonSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Towne v. MarshallSupreme Court of New Hampshire · 1887