Barrett v. White
Superior Court of New Hampshire
Thís was an action of trespass, for taking and carrying away the plaintiff’s hay, rye, and oats, on the 2d December, 1822. While pleaded in bar, that, being a deputy sheriff, he took the articles mentioned in the declaration by virtue of a Writ of attachment, issued against the plaintiff.
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Thís was an action of trespass, for taking and carrying away the plaintiff’s hay, rye, and oats, on the 2d December, 1822. While pleaded in bar, that, being a deputy sheriff, he took the articles mentioned in the declaration by virtue of a Writ of attachment, issued against the plaintiff. To this the plaintiff replied, that after the goods were attached, the said White abused and wasted them ; and issue was joined between the parties upon the abuse and waste. pleaded in bar, that he purchased a writ against the plaintiff, and delivered the same to White, who, by virtue thereof, took the hay,…
1Opinion of the CourtGreen, J.
The question in this case is, not whether any action, upon the facts disclosed, can be sustained against the defendants, but whether those facts are, in law, sufficient to-enable the plaintiff to maintain an action of trespass.
That the hay, &c. was attachable property is beyond doubt — the uniform practice, ever since our existence as a state, is, alone, sufficient to put at rest any doubts as to this right.
In Massachusetts the question has been agitated and solemnly settled in conformity to our practice. Campbell vs. Johnson, 11 Mass. Rep. 184.
Therefore, in taking the property mentioned in…
2Cases cited2 opinions
- Lund v. LundSuperior Court of New Hampshire · 1817
- Campbell v. JohnsonMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- State v. MooreSuperior Court of New Hampshire · 1841
- Whitney v. SwettSuperior Court of New Hampshire · 1850
- Ferrin v. SymondsSuperior Court of New Hampshire · 1840
- Gordon v. CliffordSuperior Court of New Hampshire · 1854
- Parker v. PatteeSuperior Court of New Hampshire · 1829
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