Wheelock v. Hall
Superior Court of New Hampshire
Tins was a scire facias against bail, and was submitted to the decision of the court upon a statement of facts, in which it was agreed, that the defendant became bail ; that judgment had been rendered against the principal ; that execution had issued and had been delivered to a deputy sheriff, who had returned, that he had given notice to the bail, that ■lie had the execution, &c. and, under the date of the return day, lie returned “ non est inventus,” but did not state in…
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Tins was a scire facias against bail, and was submitted to the decision of the court upon a statement of facts, in which it was agreed, that the defendant became bail ; that judgment had been rendered against the principal ; that execution had issued and had been delivered to a deputy sheriff, who had returned, that he had given notice to the bail, that ■lie had the execution, &c. and, under the date of the return day, lie returned “ non est inventus,” but did not state in his return, that he had kept the execution from the time, when lie gave notice, until the return day ; and the question…
1Opinion of the Court
By the court.
This case differs from the case of Butter-ick vs. Atkinson, lately decided in Hillsborough county. In that case, there was no date to the return. But here, it appears, that the officer had the execution in his hands on the return day ; and the question is, whether we can presume from this, that he had kept it in his hands from the time he gave notice to the bail, until he returned it ? And we are of opinion, that it may be presumed, that he so kept the exe*311cution. It is in his hands when he gives notice ; and also on the return day. There is no reason why we should suspect, that…
2Cited by1 opinion
- Wells v. BurbankSuperior Court of New Hampshire · 1845