Clark v. Carlton

Superior Court of New Hampshire

Clark v. Carlton

1 N.H. 110

CourtSuperior Court of New Hampshire

DecidedNovember 15, 1817

StatusPublished

Cited by3 cases

This text of 1 N.H. 110 (Clark v. Carlton) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Carlton, 1 N.H. 110 (N.H. Super. Ct. 1817).

Pincite

Opinion

Per curiam.

The plaintiff, at the time the horse was taken, had neither possession, nor the right of possession; an action of trespass, therefore, which is founded on possession, is not maintainable on the facts of this case. The plaintiff’s remedy was by an action of trover founded on his property in the horse. 4 D. & E. 489, Ward. vs. Macauly & al. — 8 Johnson 432, Putnam vs. Wyley.

Judgment for the defendant.

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Per curiam.

The plaintiff, at the time the horse was taken, had neither possession, nor the right of possession; an action of trespass, therefore, which is founded on possession, is not maintainable on the facts of this case. The plaintiff’s remedy was by an action of trover founded on his property in the horse. 4 D. & E. 489, Ward. vs. Macauly & al. — 8 Johnson 432, Putnam vs. Wyley.

Judgment for the defendant.

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Bluebook (online)

1 N.H. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-carlton-nhsuperct-1817.

Opinion

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