Page v. Ramsdell
Supreme Court of New Hampshire
Replevin, for a cow unlawfully detained. Plea of property in the defendant. The referee, to whom the case was submitted, found that the defendant wrongfully detained the cow.
1Opinion of the CourtBingham, J.
Formerly replevin would not lie unless there had been an unlawful taking as well as detention. A plea of property raised the issue of title, and admitted the taking and detention. Dame v. Dame, 43 N. H. 39; Carter v. Piper, 57 N. H. 217, 219. Subsequently the action was extended to the case of unlawful detention simply, G. L., c. 245, s. 2; Kittredge v. Holt, 55 N. H. 622. The effect of a plea of property cannot be different from what it formerly was. It' raises the issue of title, and admits the detention. The referee found that the defendant detained the cow. This had been admitted by the…
2Cases cited1 opinion
- Carter v. PiperSupreme Court of New Hampshire · 1876