Eldridge v. Bellows
Superior Court of New Hampshire
The original action was case against the defendant Bellows, sheriff of the county of Cheshire, for an alleged false return by his deputy, Heaton. The declaration alleged the following facts : — Henry Phelps obtained a writ of attachment, from N. Townsley, Esq., against Allen Bidwell, Nov. 7, 1805 ; served by Joseph Currier, constable, Nov. 9, 1805, on body of Bid-well.
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The original action was case against the defendant Bellows, sheriff of the county of Cheshire, for an alleged false return by his deputy, Heaton. The declaration alleged the following facts : — Henry Phelps obtained a writ of attachment, from N. Townsley, Esq., against Allen Bidwell, Nov. 7, 1805 ; served by Joseph Currier, constable, Nov. 9, 1805, on body of Bid-well. Plaintiff [Eldridge] became bail on the writ, not only for Bidwell’s appearance, [but] that he should abide final judgment, and not avoid. Writ returnable, Dec. 7, 1805. Phelps, at C. C. P., September Term, 1806, Cheshire, to…
1Opinion of the CourtSmith, C. J.
This action, for aught that appears, is reviewable. The judgment was on verdict, though our practice is not to state this in writ of review. It seems it ought to be stated, to give the Court jurisdiction by way of review, (a)
The statute (regulating process and trials in civil causes, § 12, p. 90) enacts that “ such actions,” i. e. reviews, “ shall be tried on the pleas made upon the former trial upon record; ” that is, in this case, upon the plea that Heaton is not guilty. (b) If this is to be considered as a demurrer to the declaration, then there are two pleas: the general issue, and a…
2Cases cited16 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Nicolls v. IngersoliNew York Supreme Court · 1810
- Campbell v. StilesMassachusetts Supreme Judicial Court · 1812
- Hinman v. BordenNew York Supreme Court · 1833
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