Stevenson v. Smith
Superior Court of New Hampshire
Petition for a discharge from arrest and for a discharge of bail. The writ upon which the arrest was made was dated in March, 1852, and the action entered at the May term of the court of common pleas. The action was founded on a note of hand, made by the defendant, in 1847, at Tamworth, in this county, and payable on demand, with interest.
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Petition for a discharge from arrest and for a discharge of bail. The writ upon which the arrest was made was dated in March, 1852, and the action entered at the May term of the court of common pleas. The action was founded on a note of hand, made by the defendant, in 1847, at Tamworth, in this county, and payable on demand, with interest. It appeared that the defendant had been a resident of the city of Boston for the last ten years, and had had a family residing there for the then past year; that in March, 1852, he came to Tamworth, to attend the funeral of his father, and on the next day…
1Opinion of the CourtWoods, J.
We think the prayer of the petition, in this case, must be denied. The arrest was made with proper authority. The affidavit of the defendant’s being about to leave the State, to avoid the payment of his debts, fully-warranted it. The requirements of the statute rendering the party liable to be arrested being complied with, and the arrest being duly made, his discharge could only be effected in some one of the modes and under the circumstances prescribed by the statute for that purpose. One of the methods of obtaining a discharge is by requiring the officer making the arrest, at the time of…
2Cases cited2 opinions
- People v. KentMichigan Supreme Court · 1843
- Gilman v. PerkinsSuperior Court of New Hampshire · 1840