Gilman v. Perkins
Superior Court of New Hampshire
SciRE facias against bail; submitted to the determination of the court upon a case stated. At the September term, 1836, Solomon Phelps recovered judgment against Moses T. Crowell, for $68T3, debt, and $6 '77, costs.
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SciRE facias against bail; submitted to the determination of the court upon a case stated. At the September term, 1836, Solomon Phelps recovered judgment against Moses T. Crowell, for $68T3, debt, and $6 '77, costs. The action was founded upon a contract made subsequent to Jan. 1, 1819. April 13, 1838, the plaintiff, as administrator of said Phelps’ estate, brought an action of debt on this judgment, returnable September term, 1838, in which action the defendant Perkins became bail. At March term, 1839, judgment was rendered, by agreement of parties, in favor of the plaintiff,Against Crowell,…
1Opinion of the CourtParker, C. J.
The statute of June 30, 1818, enacted, that no person should be committed to gaol, or be liable to be imprisoned on any execution issued, on any judgment, founded on contract made or entered into after the first day of January, then next, unless the original debt or damage, in such process or execution, should exceed the sum of thirteen dollars and thirty-three cents; (being the limit of the jurisdiction of justices of the peace;) and that it should be the duty of the clerk of the court, or justice of the peace, who might issue execution upon any such judgment, so to vary the form of the…
2Cases cited1 opinion
- Blanchard v. GossSuperior Court of New Hampshire · 1822
3Cited by1 opinion
- Stevenson v. SmithSuperior Court of New Hampshire · 1853