Reports of Cases Argued and Determined in the Superior Court of Judicature of New Hampshire Volume 22 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1853 Excerpt: ... Brcck v. Blanchard. The precedents, so far as we have found any, all, in one phrase or another, distinctly express the idea that the money was paid in satisfaction of the claim in question. And the pleader, who voluntarily departs from the usual forms, has no right to complain, if his new form is not understood to embrace any thing more than is naturally and necessarily implied in the language he uses. 2 Saund. PI. & Ev. 713; 2 Ch. PI. 473, 474. The seventh replication denies none of the facts alleged in the second plea. They are therefore all confessed and admitted. Those facts show a perfect justification of the assault and imprisonment, for which the action is brought, under a valid judgment and execution. Is the effect of any of the facts, which go to make up this justification, avoided by the new facts brought forward by the replication? These facts are, that after he was imprisoned, and before his release, being under duress of imprisonment, to obtain his release, he was compelled by Blanchard, by means of the writ of execution and by force, against his will to pay him $34.55, other than the sums mentioned in the execution, and sheriff's fees thereon. Now these matters do or do not avoid the effect of the things alleged in the plea, just as it is or is not held, that an abuse of legal process to extort money, not due upon such process, makes the party, who is guilty of such abuse, a trespasser ah initio, or, in other words, deprives him of the protection the process would otherwise afford him. It is now well settled, that where there is an arrest for a just cause and under lawful authority, for unlawful purposes, it may be construed a duress. Richardson v. Duncan, 3 N. H. Rep. 508; Severance v. Kimball, 8 N. H. Rep. 386. In the case of criminal proces...