Kimball v. Grafton Bank
Superior Court of New Hampshire
Petition, stating that an action in favor of the president, directors and company of the Grafton Bank, against the petitioners, Kimball, Morse and Haywood, was pending in the Court of Common Pleas' at the April term, 1848, in which certain questions arising upon a statement of facts submitted by the parties, were at that time referred to the Superior Court, and the action continued in the court below from term to term, until the April term, 1849, when the determination of…
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Petition, stating that an action in favor of the president, directors and company of the Grafton Bank, against the petitioners, Kimball, Morse and Haywood, was pending in the Court of Common Pleas' at the April term, 1848, in which certain questions arising upon a statement of facts submitted by the parties, were at that time referred to the Superior Court, and the action continued in the court below from term to term, until the April term, 1849, when the determination of the Superior Court upon the questions assigned not having been certified, the action was further continued nisi. After the…
1Opinion of the CourtGilchrist, C. J.
If we waive, for the present, the objections taken by the petitioners to the judgment of the Court of Common Pleas, and assume that it was regularly entered as of the April term of that court, in 1849, and for the proper sums in damages and costs, it will appear that a valid execution was outstanding against them on the seventh day of July, and in the hands of the officer whose duty it was to serve it; that on the same day he made a lawful seizure of the chattels of one of the judgment debtors, who was, without any doubt that has been suggested, bound to pay the same; that on the day but one…
2Cases cited2 opinions
- Attorney-General v. Utica InsuranceNew York Court of Chancery · 1817
- Lindell v. BentonSupreme Court of Missouri · 1840