Legal Opinion

Thompson v. Fellows

Superior Court of New Hampshire

Decided December 15, 1850Published

Trespass. The declaration was as follows: “To answer to J. C. S. &c., in a plea of trespass, for that said F. at A. &e., on the 20th day of December, 1847, with force and arms took and carried away the plaintiff’s two red cows, of the value of sixty dollars, and converted the same to his own use,” &c.

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Trespass. The declaration was as follows: “To answer to J. C. S. &c., in a plea of trespass, for that said F. at A. &e., on the 20th day of December, 1847, with force and arms took and carried away the plaintiff’s two red cows, of the value of sixty dollars, and converted the same to his own use,” &c. A second count, in the same form, alleged the taking on the 25th of December, 1847, and a third count, in the same form, alleged the taking on the 20th, and the conversion on the 25th of December. The defendant pleaded: 1. Not guilty; on which issue was joined. 2. Not guilty as to the force,…

1Opinion of the Court

Bell, J.*

The questions raised upon the first replication, are whether a warrant to a surveyor of highways must be under seal, and whether the rejoinder is defective in omitting the allegation contained in the plea, that the warrant was under seal.

The first of these questions must be considered definitely settled by the decision in Davis v. Clements, 2 N. H. Rep. 390, *430which is precisely in point, and upon the former statute in the' very words of the Rev. Stat. ch. 55, § 4, excepting that the latter require the selectmen to give to the surveyor, with the list of the persons in his district, a…

2Cases cited2 opinions

  1. Judge of Probate v. BriggsSuperior Court of New Hampshire · 1829
  2. Davis v. ClementsSuperior Court of New Hampshire · 1821

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