Buckman v. Buckman

Decided April 15, 1828

Superior Court of New Hampshire · decided 1828-04-15

Assumpsit upon anote dated August 8, 1825, for $165, payable to the plaintiff, or order, on demand with interest. The plaintiff sued his writ returnable at the September term of the court of common pleas, in this county, 1826, and caused certain lands and chattels of the defendant to be attached by virtue of the same writ.

Good law ✅— No negative treatment on recordhow we know

Decided 1828-04-15

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently February 1952

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the court.

¶1The appeal is sustained. The order of the common pleas was a final determination of the action there, from which an appeal may be claimed. 5 Mass. Rep. 193, Tappan v. Bruen; 15 ditto, 178, Gilbreth v. Brown; 4 ditto, 107, Lamplear v. Lamprey; 2 ditto, 141, Bemis v. Faxon.

¶2The course of the common pleas is different from the settled practice of this court in this class of cases. We cannot try the issue which has been joined in this case, but if the creditors will give security to pay all the costs which the plaintiff may recover, they will be permitted to defend in the name of the defendant. And in case the plaintiff shall prevail in the suit, he will have his remedy for his costs upon the security given. If the creditors prevail in the suit, they will be entitled to an execution in the name of the defendant for their costs.