Avery v. Bowman
Supreme Court of New Hampshire
Exceptions to the ruling of the court of Common Pleas for this county, February term, 1859, denying an application for leave to Samuel Tilton, who was then sheriff, to amend the return of the levy of an execution made by his deputy, Dudley Smith, since deceased, March 23, 1843, or-for the administrator of said Smith to amend the same, on the ground that neither the sheriff or administrator had by law the power to amend said return.
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Exceptions to the ruling of the court of Common Pleas for this county, February term, 1859, denying an application for leave to Samuel Tilton, who was then sheriff, to amend the return of the levy of an execution made by his deputy, Dudley Smith, since deceased, March 23, 1843, or-for the administrator of said Smith to amend the same, on the ground that neither the sheriff or administrator had by law the power to amend said return. The material facts sufficiently appear in the opinion of the court.
1Opinion of the Court
Fowler, J.*
By the laws in force in this State prior to March 1, 1843, it was necessary that the appraisers for setting off real estate upon execution should be reputable freeholders, resident in the county. [Laws of 1830, p. 102.] The levy of the execution, the return of which the petitioners asked permission to have amended* was made March 23, 1843, and the officer returned the .names and residences of the appraisers, certifying that they were reputable freeholders, resident in the county. The petitioners alleged that they were, in fact, discreet and disinterested men, and that, through…
2Cases cited11 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- State v. JohnstonTennessee Supreme Court · 1847
- United States v. BufordSupreme Court of the United States · 1830
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Walden v. CraigSupreme Court of the United States · 1824
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3Cited by2 opinions
- State v. DamonSupreme Court of Missouri · 1943
- Cahoon v. CoeSupreme Court of New Hampshire · 1876