Keniston v. Little
Superior Court of New Hampshire
This was an action of trespass for the taking of certain cattle of the plaintiff by the defendant. It was agreed that, at the time of the alleged takings, the defendant, Little, was a deputy sheriff for the county of Merrimack, and had in his hands, to be levied, an execution in favor of one A, Knowlton against Benjamin C. Kenniston, administrator of the estate of James M. Knowlton, as fol-follows: “ State of New Hampshire.
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This was an action of trespass for the taking of certain cattle of the plaintiff by the defendant. It was agreed that, at the time of the alleged takings, the defendant, Little, was a deputy sheriff for the county of Merrimack, and had in his hands, to be levied, an execution in favor of one A, Knowlton against Benjamin C. Kenniston, administrator of the estate of James M. Knowlton, as fol-follows: “ State of New Hampshire. Merrimack, ss. [l. s.] To the sheriff of any county, or bis deputy. Whereas Asa Knowlton of Danbury, in our county of Grafton, yeoman, by the consideration of our justices…
1Opinion of the CourtBell, J.
The defendant, a deputy sheriff, took certain chattels, property of the plaintiff, upon an execution in favor of Knowlton against him, and sold them, and applied the proceeds in discharge of the execution. The plaintiff brings against the officer an action of trespass, and the question is, if the latter can justify himself under this execution.
And first, it is said, in behalf of the plaintiff, that the judgment recited in the execution being “ against Benjamin C. Keniston of, &c., administrator of the estate of James M. Knowlton, late of, &e., deceased,” is a judgment against the plaintiff,…
2Cases cited5 opinions
- Christopher v. StockholmNew York Supreme Court · 1830
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Blanchard v. GossSuperior Court of New Hampshire · 1822
- Worden v. WorthingtonNew York Supreme Court · 1848
- Pillsbury v. HubbardSuperior Court of New Hampshire · 1839
3Cited by2 opinions
- Hickox v. J. B. Morin Agency, Inc.Supreme Court of New Hampshire · 1970
- In Re ButlerDistrict Court, W.D. Virginia · 1937