This is an action for detinue to recover a wagon ; and the declaration isasfollows: “* * In an action of detinue, for that whereas the plaintiffs heretofore, to wit, on the eighteenth day of December, A. D. 1874, at Exeter aforesaid, were possessed of a certain one-horse wagon, of the value of one hundred and thirty-five dollars, which thereafterwards, to wit, on the same day, came into the hands and possession of the defendant, by finding, yet the defendant, well knowing…
Cited by 1 later decisions — most recently November 1807
¶1
I am of opinion that, as to the first count in this declaration, the demurrer must be overruled. The defects pointed out by the special demurrer, and insisted on by the defendant in argument, are all such as come within the saving efficacy of Gen. Stats., ch. 207, secs. 8, 9.
Berry
v.
Osborn,
28 N. H. 279.
¶2
The second count is, “ That the defendant render and pay to the plaintiffs the sum of one hundred and seven dollars, which he owes to the plaintiffs and unjustly detains from them.” It is said of the action of detinue, that “ it lyeth where any man comes to goods, eytlier by delivery or by finding. In this writ, the plaintiffe shall recover the thing detained, and therefore it must bee so certaine as it may be knowne, and for that cause it lyeth not for money out of a bagge or chest; and so of corne out of a sacke, and the like, these cannot be knowne from other.” Coke Litt. 286, b. On this excellent authority of my Lord Coke, I hold that as to the second count the demurrer must be sustained.
