Davis v. Fogg
Supreme Court of New Hampshire
Foreign Attachment. Issue between the plaintiff and the claimants of funds in the hands of the trustee. The plaintiff’s writ, dated Oct. 18, 1874, and served on the trustee Oct. 20, 1874, was entered in court at the April term, 1875, where it was continued from term to term, until the Oct. term, 1876. At the April term, 1875, leave was granted by the court to take the trustee’s deposition in sixty days.
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Foreign Attachment. Issue between the plaintiff and the claimants of funds in the hands of the trustee. The plaintiff’s writ, dated Oct. 18, 1874, and served on the trustee Oct. 20, 1874, was entered in court at the April term, 1875, where it was continued from term to term, until the Oct. term, 1876. At the April term, 1875, leave was granted by the court to take the trustee’s deposition in sixty days. Similar leave was granted at the Oct. term, 1875. At the April term, 1876, the deposition not having been taken, upon motion of the trustee’s counsel the trustee was discharged, but…
1Opinion of the CourtFoster, J.
By the provisions of Gen. St., c. 230, s. 13, and upon the authority of Demeritt v. Estes, 56 N. H. 313, the trustee was entitled to be discharged from the plaintiff’s suit at the April term, 1876, in this county, and such an order was made; but subsequently, at the same term, the trustee consenting, the order was rescinded, and, submitting to the plaintiff’s claim upon the funds in his hands, he has been charged as trustee in this plaintiff’s action.
The contest here is between this plaintiff and the claimants, who are plaintiffs in the Hillsborough county suit. Neither the defendant nor the…
2Cases cited2 opinions
- Perkins v. ScottSupreme Court of New Hampshire · 1876
- Demeritt v. EstesSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Jodoin v. BaroodySupreme Court of New Hampshire · 1948
- Stillings v. HaleySupreme Court of New Hampshire · 1896