Legal Opinion

Walker v. Lovell

Superior Court of New Hampshire

Decided July 15, 1854Published

Trespass, for taking and carrying away one pipe of brandy and four barrels of rum, alleged to be the property of the plaintiff.

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Trespass, for taking and carrying away one pipe of brandy and four barrels of rum, alleged to be the property of the plaintiff. The plea was the general issue, with a brief statement that the liquors in question were the property of one Calvin W. Walker, were attached by the defendant, a deputy sheriff of this county, on a writ of attachment in favor of Martin L. Hall & Oo. v. said Calvin, and were sold on said writ, pursuant to the statute authorizing the sale of property attached on mesne process, and that the proceeds of sale were applied by the defendant, upon an execution in his hands,…

1Opinion of the CourtWoods, J.

Were the instructions that were requested to be given to the jury improperly withheld, and were the instructions that were given legal and proper, or otherwise ? The whole question necessary to be decided arises upon the instructions given to the jury, and the exception stated in the case is to those instructions alone. And well enough it may extend thus far only ; for a proper decision of the questions arising thereon, will also form a proper decision of the question arising upon the refusal of the instructions asked for and withheld. Upon the instructions given, and the finding of the jury…

2Cases cited9 opinions

  1. Blackley v. SheldonNew York Supreme Court · 1810
  2. Jenner v. JoliffeNew York Supreme Court · 1810
  3. Barker v. MillerNew York Supreme Court · 1810
  4. Abbott v. KimballSupreme Court of Vermont · 1847
  5. Gates v. GatesMassachusetts Supreme Judicial Court · 1818

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