Peck v. Wilson
Superior Court of New Hampshire
Debt, on a bond executed by the defendants, with the condition that if said Wilson, a prisoner at the suit of Abel G. Peck, the plaintiff, should, within one year from the date of his arrest, the 19th of December, 1838, apply to the proper authority, and be admitted to take, and actually take the oath prescribed by the laws of this state for the relief of poor debtors, or in default thereof surrender himself up to the creditor in the manner prescribed by the laws of this…
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Debt, on a bond executed by the defendants, with the condition that if said Wilson, a prisoner at the suit of Abel G. Peck, the plaintiff, should, within one year from the date of his arrest, the 19th of December, 1838, apply to the proper authority, and be admitted to take, and actually take the oath prescribed by the laws of this state for the relief of poor debtors, or in default thereof surrender himself up to the creditor in the manner prescribed by the laws of this state, then the obligation was to be void. The declaration, set forth a breach of the condition. The case was submitted…
1Opinion of the Court
Parker, G. J.
The case does not find that the plaintiff was known as well by the name of Abel Peck as that of Abel G. Pock, and we cannot assume that as a fact, however probable it may appear. Upon any evidence tending to show that such was the truth of the case, the jury, if an issue to them had been framed, might have so found, and that would have shown the notice and certificate to be sufficient. In an indictment for robbery, the property was laid in J. H. It appeared that the prosecutor’s name was J. U. H. -Held not material, if he was generally known by the name of J. H. 5 C. & P. 601,…
2Cases cited2 opinions
- Osgood v. HutchinsSuperior Court of New Hampshire · 1833
- Souhegan Nail, Cotton & Woolen Factory v. McConiheSuperior Court of New Hampshire · 1834