Seavy v. Dearborn
Superior Court of New Hampshire
Trespass, brought against the defendant for taking and converting to his own use a stock of bonnets, ribbons, &e., the property of the plaintiff.
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Trespass, brought against the defendant for taking and converting to his own use a stock of bonnets, ribbons, &e., the property of the plaintiff. The defendant justified the taking, by pleading that one E. W. Hills was indebted before the time when, &e., to one Plympton, who sued out a writ of attachment against him, delivered it to G. W. Towle, a deputy of the defendant, who was sheriff of the county, and Towle attached the goods as the property of Hills, &c., and that the goods were Hills’ property. The plaintiff replied that the goods were the property of the plaintiff, and not the…
1Opinion of the CourtWoods, J.
Of the numerous points brought up by this case, the first relates to the qualifications of a juror, objected to by the plaintiff on account of his relationship to the deputy for whose act the present action is pending against the sheriff. He was father of the deputy. But the deputy himself bad no interest in the event of the suit, having been released and admitted a witness on the trial. It might, indeed, have been very naturally supposed that before that release was executed, and while the deputy was liable to the sheriff upon his bond, or while he was liable himself to an action for the…
2Cases cited4 opinions
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
- Haven v. WendellSuperior Court of New Hampshire · 1840
- Rollins v. AmesSuperior Court of New Hampshire · 1821
- Clark v. MorseSuperior Court of New Hampshire · 1839
3Cited by3 opinions
- Despiau v. United States Casualty Co.Court of Appeals for the First Circuit · 1937
- Matthews v. Jeans Pastry Shop, Inc.Supreme Court of New Hampshire · 1973
- Meaney v. RubegaSupreme Court of New Hampshire · 1997