Legal Opinion

Low v. Tilton

Superior Court of New Hampshire

Decided December 15, 1848Published

Case. The defendant was described as “ Samuel Til-ton of Sanbornton, in the county of Belknap, Esquire.” The declaration alleged that one Stephen C. Badger, in 1841, recovered judgment against Benjamin Bordman, for the sum of $36,75 damages and costs, upon which an execution was taken out and delivered to one Dudley Smith, one of the deputies of the sheriff for the county of Belknap, who thereupon attached and sold Bordman’s equity of re» demption of certain land, for the…

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Case. The defendant was described as “ Samuel Til-ton of Sanbornton, in the county of Belknap, Esquire.” The declaration alleged that one Stephen C. Badger, in 1841, recovered judgment against Benjamin Bordman, for the sum of $36,75 damages and costs, upon which an execution was taken out and delivered to one Dudley Smith, one of the deputies of the sheriff for the county of Belknap, who thereupon attached and sold Bordman’s equity of re» demption of certain land, for the sum of $125, and applied the proceeds in satisfaction of the execution, retaining in his hands the balance, $81,78, which…

1Opinion of the CourtWilcox, J.

The declaration, in this case, would have been insufficient upon demurrer, for its allegations in no way connect the defendant with the default of the deputy sheriff, Dudley Smith. It fails in its vital requisite, the setting forth the nature and extent of the claim upon the defendant; and in order to show any claim, the evidence must.be much more extensive than the allegations. Every fact that the declaration sets forth might be true, and still the defendant be under no legal responsibility arising from them, because, although Smith, the deputy of the sheriff of Belknap county, is alleged to…

2Cases cited1 opinion

  1. Town of Walpole v. Town of MarlowSuperior Court of New Hampshire · 1821

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