Ferrin v. Symonds
Superior Court of New Hampshire
Tbkspass, for breaking and entering the plaintiff’s close, iu Warner, in this county, on the 29th day of December, 1837, and taking and carrying away one waggon, and two sleighs, the property of the plaintiff. The writ in this case was issued on the second day of January, 1838. At the time of the alleged trespass the defendant was a deputy sheriff of the county of Merrimack.
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Tbkspass, for breaking and entering the plaintiff’s close, iu Warner, in this county, on the 29th day of December, 1837, and taking and carrying away one waggon, and two sleighs, the property of the plaintiff. The writ in this case was issued on the second day of January, 1838. At the time of the alleged trespass the defendant was a deputy sheriff of the county of Merrimack. On December 29, 1837, Joshua George sued out a writ of attachment against the plaintiff, in an action of trover, for ten tons of hay, returnable to the court of common pleas for Merrimack county, at the March term, 1838,…
1Opinion of the CourtWoods, J.
The case finds that on December 29, 1837, the defendant entered upon the close of the plaintiff, and took and carried away therefrom a waggon and two sleighs, the property of the plaintiff, and that, afterwards, the waggon and one of the sleighs were maliciously cut in pieces by some person unknown. And these are the facts relied upon, as entitling the plaintiff to a judgment in this action. It farther* appears, however, from the case, that the defendant was at that time a deputy sheriff, and that he entered upon the close acting in his official capacity, under lawful process, issued against…
2Cases cited2 opinions
- Barrett v. WhiteSuperior Court of New Hampshire · 1825
- Ordway v. FerrinSuperior Court of New Hampshire · 1824
3Cited by1 opinion
- Walker v. LovellSuperior Court of New Hampshire · 1854