Angier v. Ash
Superior Court of New Hampshire
Trespass, de bonis asportatis. Plea, the general issue. It appeared that the plaintiff was a deputy sheriff, and attached the hay and oats in question on the 2d day of January, 1851, as the property of the defendant, Ash, by virtue of a writ in favor of Isaac Patterson, against Ash; and that he put one Caleb Ash in charge of the property, to keep the same.
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Trespass, de bonis asportatis. Plea, the general issue. It appeared that the plaintiff was a deputy sheriff, and attached the hay and oats in question on the 2d day of January, 1851, as the property of the defendant, Ash, by virtue of a writ in favor of Isaac Patterson, against Ash; and that he put one Caleb Ash in charge of the property, to keep the same. The property was in a barn, and the plaintiff, in his return on the writ, after setting forth that he had attached the same, proceeded to say, that on the same day he left a copy with the town clerk. The defendant excepted, that the leaving…
1Opinion of the CourtBell, J.
The officer’s return was properly received, and was competent evidence that a copy of the writ was left with the town clerk. Between the parties to a suit, and those claiming as privies, and others, whose rights and liabilities are dependent upon the suit, as bail and indorsers, the return of the sheriff of matters material to be returned, is so far conclusive evidence that it cannot be contradicted, for the purpose of invalidating the sheriff’s proceedings, or defeating any right acquired under them. But such return is not conclusive as to third persons, whose interests are not connected…
2Cases cited22 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Barrett v. CopelandSupreme Court of Vermont · 1844
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
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